Gross v. Hertz Local Edition Corp.

Appeals from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 29, 2008 in a wrongful death and personal injury action. The order, inter alia, denied the motion of defendant Hertz Local Edition Corp. for summary judgment dismissing the complaint against it.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting in part the motion of defendant Hertz Local Edition Corp. and dismissing the negligence cause of action against it insofar as that cause of ac*1519tion is based on the allegedly hazardous condition of the parking…