Fair Price Med. Supply Corp. v ELRAC Inc.

[*1] Fair Price Med. Supply Corp. v ELRAC Inc. 2006 NY Slip Op 51665(U) [13 Misc 3d 127(A)] Decided on August 17, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ
2005-1179 K C.

Fair Price Medical Supply Corp. as assignee of Jason Ponder, 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 (Arlene Bluth, J.), entered April 21, 2005. The order denied plaintiff's motion for summary judgment and granted defendants' cross motion to compel disclosure to the extent of ordering plaintiff to submit to an examination before trial and produce the records and documents requested in defendants' notice to take deposition.

Appeal dismissed as academic. [*2]

For the reasons stated in Fair Price Medical Supply Corp. v ELRAC Inc. & Enterprise Rent-A-Car (No. 2005-1177 K C, decided herewith), the appeal is dismissed.
Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: August 17, 2006