Fair Price Med. Supply Corp. v ELRAC Inc.

[*1] Fair Price Med. Supply Corp. v ELRAC Inc. 2006 NY Slip Op 51419(U) [12 Misc 3d 143(A)] Decided on July 12, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 12, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2005-1308 K C.

FAIR PRICE MEDICAL SUPPLY CORP. as assignor of PHILIPPE COOPER, Appellant,

against

ELRAC INC. & ENTERPRISE RENT-A-CAR, Respondents.

Appeal from an order of the Civil Court of the City of New York, Kings County (Milagros A. Matos, J.), entered August 9, 2005. The order conditionally granted defendants' motion to strike the complaint and denied plaintiff's cross motion for a protective order.

Order affirmed without costs.

Inasmuch as the issues presented in the instant case are the same as in the
case of Fair Price Medical Supply Corp. v Elrac Inc. & Enterprise Rent-A-Car (No. 2005-1276 K C, decided herewith), the order is affirmed.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.

Decision Date: July 12, 2006