MARIO MARTINEZ, PLAINTIFF, v. DANNY BENAU def

9336. MARIO MARTINEZ, PLAINTIFF, v. DANNY BENAU def — DANNY BENAU Third-Party plf-ap, v. DTG OPERATIONS, INC. Third-Party def-res — Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for ap — Harris Beach PLLC, New York (James P. Nonkes of counsel), for res — Order, Supreme Court, Bronx County (Mary Ann Brigantti—Hughes, J.), entered March 12, 2012, which granted third-party defendant DTG Operations, Inc.’s, formerly known as Dollar Rent A Car, Inc. (Dollar), motion for summary judgment dismissing the third-party complaint against it, unanimously affirmed, without costs.

Dollar, a commercial renter of automobiles, entered a storage agreement with defendants/third-party plaintiffs (collectively, Owners) to utilize space in the Owners’ garage facility to store its vehicles and maintain an office. Dollar’s employee, the plaintiff herein, was injured when he took an elevator to retrieve a rental car, and the elevator door allegedly came out of its track and struck the plaintiff.