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CRUMMELL v. AVIS RENT A CAR SYSTEM, INC.

62 A.D.3d 825 (2009)

879 N.Y.S.2d 539

CLARENCE CRUMMELL, Appellant, v. AVIS RENT A CAR SYSTEM, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 19, 2009.

Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to dismiss the complaint for failure to state a cause of action, pursuant to CPLR 3211 (a) (7), is denied, and that branch of the defendant's motion which was to dismiss the complaint for failure to join a necessary party, pursuant to CPLR 3211 (a) (10), is denied on condition that the plaintiff shall join as a party defendant...

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