ASHKENAZI v. HERTZ RENT-A-CAR


4 A.D.3d 317 (2004)

770 N.Y.S.2d 894

MALKIE ASHKENAZI, Respondent, v. HERTZ RENT-A-CAR, Appellant.

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

February 2, 2004.


Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the defendant's motion for summary judgment dismissing the complaint, made prior to conducting depositions, was properly denied without prejudice (see CPLR 3212 [f]; Elson v Defren, 283 A.D.2d 109

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