Benjamin v Avis Car Rental Group, LLC

Benjamin v Avis Car Rental Group, LLC 2012 NY Slip Op 07762 Decided on November 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 15, 2012
Friedman, J.P., Sweeny, Moskowitz, Freedman, Román, JJ.
8512 117150/07

[*1]Yvonne Benjamin, Plaintiff-Respondent,

v

Avis Car Rental Group, LLC, Defendant-Appellant.




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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 15, 2012

CLERK