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MARTINEZ v. BENAU

9336, 305464/09, 83823/10.

103 A.D.3d 545 (2013)

962 N.Y.S.2d 57

2013 NY Slip Op 1178

MARIO MARTINEZ, Plaintiff, v. DANNY BENAU et al., Defendants/Third-Party Plaintiffs-Appellants. DTG OPERATIONS, INC., et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

February 21, 2013.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered March 12, 2012, which granted third-party defendant DTG Operations, Inc.'s, formerly known as Dollar Rent A Car, Inc. (Dollar), motion for summary judgment dismissing the third-party complaint against it, unanimously affirmed, without costs.

Dollar, a commercial renter of automobiles, entered a storage agreement with defendants/third-party plaintiffs (collectively, Owners) to utilize space...

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