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PIZZUTO v. MALISSIE

0104305/2007, Motion No. 001.

2008 NY Slip Op 31907 (U)

ANTHONY J. PIZZUTO, Plaintiff, v. JULIA COLBRETH MALISSIE, and ELRAC, INC. d/b/a ENTERPRISE RENT-A-CAR COMPANY, Defendants.

Supreme Court of the State of New York, Richmond County.

July 2, 2008.

DECISION & ORDER

JOSEPH J. MALTESE, Judge.

Upon the foregoing cited papers, the Decision and Order on this Motion is as follows:

Defendants move pursuant to CPLR § 3211(a)(7) to dismiss plaintiff's claim based upon the application of 49 USC § 30106 known commonly as the Graves Amendment. Defendants' motion is denied in its entirety.

Facts

This action arises out of personal injuries allegedly...

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