RYAN v. ARROW LEASING CORP.


260 A.D.2d 565 (1999)

688 N.Y.S.2d 638

ROBERT RYAN et al., Respondents, v. ARROW LEASING CORP., Doing Business as HANDY RENT-ALL CENTER, Respondent, and GROUND HOG, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 19, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied as academic, the complaint and all cross claims insofar as asserted against the defendant Ground Hog, Inc., are dismissed, and the action against the remaining defendant is severed.

On November 24, 1995, the plaintiff Robert Ryan rented a one-man post-hole digger from the defendant Arrow Leasing Corp., d/b/a Handy Rent-All Center (hereinafter Arrow). While...

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