Hertz Corp. v. Corcoran

OPINION OF THE COURT

Martin B. Stecher, J.

Plaintiff moves for summary judgment striking the denials in defendant’s answer and dismissing the first of four counterclaims; and defendant cross-moves for summary judgment on its first counterclaim and dismissing the complaint (CPLR 3212, 3211 [a] [7]).

*404This is an action for a declaratory judgment. As the only issue is one of statutory interpretation, and there is no question of fact or factual interpretation, summary judgment is therefore appropriate as only questions of law are involved.

The issue is whether the collision damage waiver (CDW) offered…