Ashkenazi v. Hertz Rent-A-Car

Appellate Division of the Supreme Court of New York

Ashkenazi v. Hertz Rent-A-Car

4 A.D.3d 317, 770 N.Y.S.2d 894

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 2004·Published

Opinion

an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated November 14, 2002, which denied, without prejudice, its motion for summary judgment dismissing the complaint.

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 AD2d 109, 117 [2001]). Santucci, J.E, Goldstein, Schmidt and Cozier, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated November 14, 2002, which denied, without prejudice, its motion for summary judgment dismissing the complaint.

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 AD2d 109, 117 [2001]). Santucci, J.E, Goldstein, Schmidt and Cozier, JJ., concur.

Ashkenazi v. Hertz Rent-A-Car, 4 A.D.3d 317, 770 N.Y.S.2d 894 (N.Y. Ct. App. 2004).

Pincite

4 A.D.3d 317 (Ashkenazi v. Hertz Rent-A-Car) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related