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Assiff v. Cartov Leasing, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2003
1 A.D.3d 300 (N.Y. App. Div. 2003)

Opinion

2002-07651

Argued September 29, 2003.

November 3, 2003.

In related actions to recover damages for personal injuries, (1) the defendant Ruth Shulman, as administratrix of the estate of Marc Shulman, appeals from an order of the Supreme Court, Kings County (Bonina, J.), dated July 9, 2002, which denied her motion for summary judgment dismissing the complaint and all counterclaims and cross claims insofar as asserted against her, and (2) the defendants Cartov Leasing, Inc., d/b/a Dollar Rent-A-Car, and Citiwide Auto Leasing, Inc., d/b/a Dollar Rent-A-Car, cross-appeal, as limited by their brief, from so much of the same order as denied that branch of their cross motion which was for summary judgment dismissing all of the causes of action alleging negligence insofar as asserted against them.

Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., of counsel), for appellant-respondent.

Conway, Farrell, Curtin Kelly, P.C., New York, N.Y. (Jonathan T. Uejio of counsel), for respondents-appellants.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.


Summaries of

Assiff v. Cartov Leasing, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2003
1 A.D.3d 300 (N.Y. App. Div. 2003)
Case details for

Assiff v. Cartov Leasing, Inc.

Case Details

Full title:DOUGLAS ASSIFF, JR., respondent, v. CARTOV LEASING, INC., d/b/a DOLLAR…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 3, 2003

Citations

1 A.D.3d 300 (N.Y. App. Div. 2003)
766 N.Y.S.2d 859