ROWDEN v. NATIONAL CAR RENTAL

In a negligence action to recover damages for personal injuries, defendant National Car Rental appeals from an order of the Supreme Court, Suffolk County, entered November 18, 1970, which granted plaintiff's motion for summary judgment and set the case down for an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. Since the facts upon which plaintiff relies are clearly not within the appealing defendant's knowledge, summary judgment should not have been granted in favor of plaintiff ( De France v. Oestrike, 8 A.D.2d 735; Goodman v. Mutual Broadcasting System, 16 Misc.2d 858, 861-862, affd. 10 A.D.2d 632). Martuscello, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.