Benjamin v Avis Car Rental Group, LLC
2012 NY Slip Op 07762 [100 AD3d 496]
November 15, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Yvonne Benjamin, Respondent,
v
Avis Car Rental Group, LLC, Appellant.

[*1] Cascone & Kluepfel, LLC, Garden City (Ajay C. Bhavnani of counsel), for appellant.

Hach & Rose, LLP, New York (Robert F. Garnsey of counsel), for respondent.

Order, Supreme Court, New York County (Debra A. James, J.), entered August 30, 2011, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff was allegedly injured when she tripped and fell over a parking bumper located in defendant's rental car facility. There is no indication that the bumper was defective or created a hazardous condition in any way. Concur—Friedman, J.P., Sweeny, Moskowitz, Freedman and Román, JJ.