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HECTOR M. ROSADA, plf-ap, v. MENDON TRUCK RENTALS, INC., ET AL., def-res

4382. HECTOR M. ROSADA, plf-ap, v. MENDON TRUCK RENTALS, INC., ET AL., def-res — Burns & Harris, New York (Blake G. Goldfarb of counsel), for ap — Koster, Brady & Nagler, LLP, New York (Marc R. Wilner of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered June 27, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

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4382. HECTOR M. ROSADA, plf-ap, v. MENDON TRUCK RENTALS, INC., ET AL., def-res — Burns & Harris, New York (Blake G. Goldfarb of counsel), for ap — Koster, Brady & Nagler, LLP, New York (Marc R. Wilner of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered June 27, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff, a truck driver, commenced this action to recover for personal injuries he allegedly sustained as a result of the gap between the tailgate and the liftgate and the sloped angle of the liftgate of a truck owned and rented to his employer by defendants. Plaintiff testified that the wheel of a pallet jack loaded with an 800-pound boiler became caught in the gap and that when he maneuvered it free, the jack began rolling on the sloped liftgate, causing him to fall.

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