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RAY v. HERTZ CORP.

182 Misc.2d 274 (1999)

699 N.Y.S.2d 639

BRENDA M. RAY, Plaintiff, v. HERTZ CORP. et al., Defendants. (Action No. 1.) CAROLYN FRAZIER et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. (Action No. 2.) BEVERLY W. GRAHAM, Individually and as Executrix of WANDA W. HARTLEY, Deceased, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. (Action No. 3.) CAROLYN FRAZIER et al., Plaintiffs, v. L.K. COMSTOCK & COMPANY, INC., Defendant. (Action No. 4.) EAGLE INSURANCE CO., as Subrogee of SAMUEL L. FRAZIER, Plaintiff, v. HERTZ CORP. et al., Defendants. (Action No. 5.)

Supreme Court, New York County.

October 14, 1999.

Attorney(s) appearing for the Case

Herzfeld & Rubin, New York City, for Toyota Motor Credit Corporation.

Isserlis & Sullivan, Bethpage, for Samuel L. Frazier.

Cerussi & Spring, White Plains, for L.K. Comstock & Company, Inc.

Carro, Velez, Carro & Mitchell, New York City, for Beverly W. Graham.

Smith Mazure Director Wilkins, New York City, for Hertz Corp.

Levy & Levy, New York City, for Brenda M. Ray.

Michael D. Hess, Corporation Counsel, for City of New York.

OPINION OF THE COURT

KIBBIE F. PAYNE, J.

Defendant Toyota Motor Credit Corp. (Toyota) moves pursuant to CPLR 3212 (e), for an order directing entry of partial summary judgment in its favor, in action No. 1, and dismissing plaintiff Brenda M. Ray's claim for lost earnings on the ground that her claim is without merit. Defendants Samuel L. Frazier, L.K. Comstock & Co., Beverly Walker Graham, executrix of the estate of Wanda W. Hartley, and Hertz Corp....

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