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37 S FIFTH AVE v. DIMENSIONAL

2014-1313 WC.

58 Misc.3d 56 (2017)

66 N.Y.S.3d 774

2017 NY Slip Op 27400

37 SOUTH FIFTH AVE. CORP., Respondent, v. DIMENSIONAL STONE & TILE, Defendant, and PENSKE LEASING & RENTAL, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided November 30, 2017.

Attorney(s) appearing for the Case

McManus Ateshoglou Adams Aiello & Apostolakos, PLLC ( Suzanne J. Adams of counsel) for appellant.

Nancy A. Luongo for respondent.

Galvano & Xanthakis, P.C. ( Konstantinos Pantazis of counsel) for defendant.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the City Court for the entry of a judgment dismissing so much of the action as is against defendant Penske Leasing & Rental.

In this commercial claims action, plaintiff seeks to recover the principal sum of $4,371.92 for property damage it sustained when a vehicle it owned was hit by a vehicle that was owned by defendant Penske...

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