Ashkenazi v Hertz Rent-A-Car (2004 NY Slip Op 00482)

Ashkenazi v Hertz Rent-A-Car

2004 NY Slip Op 00482 [4 AD3d 317]

February 2, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 21, 2004

Malkie Ashkenazi, Respondent,
v
Hertz Rent-A-Car, Appellant.

—In 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.P., Goldstein, Schmidt and Cozier, JJ., concur.