*1 The following e-filed documents, listed by NYSCEF document number (Motion 002) 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92 were read on this motion to/for JUDGMENT — SUMMARY. Opinion Upon the foregoing documents, the motion by Defendants, SUNBELT RENTALS, INC. (“SUNBELT”), MCRT NORTHEAST CONSTRUCTION LLC, NOMAD FRAMING OF NY, LLC and ROBERTO P. BERNALPEREZ pursuant to 49 U.S.C. 30106, CPLR 3211(a)(7), and CPLR 3212, to dismiss Plaintiff’s Complaint as against Defendant SUNBELT, on the grounds that SUNBELT bears no liability arising out of a lessee’s use of the vehicle during the lease period; and pursuant to CPLR 3212, granting summary judgment in favor of all Defendants, and dismissing plaintiff’s Complaint, as there exists no triable issues of fact to warrant trial of this action since Plaintiff was the sole proximate cause of his accident is decided as follows: Alexander Nicolaides (Plaintiff) seeks recovery for injuries allegedly sustained as a result of an August 15, 2018 accident. Plaintiff alleges that he was struck by a construction vehicle (a forklift) that was being operated on Willis Avenue (between Harrison and Searing Avenues) in Mineola, New York, and he was seriously injured as a result. Plaintiff filed an Amended Complaint, dated November 16 2018 (Complaint; NYSCEF Doc. No. 7), against Sunbelt Rentals, Inc. (Sunbelt, the forklift’s owner), MCRT Northeast Construction LLC (MCRT, the contractor), NOMAD Framing of NY, LLC (NOMAD, a subcontractor of MCRT) and Roberto P. Bernal-Perez (Perez, an employee of NOMAD) (collectively, Defendants) for his alleged injuries. Defendants, represented by common counsel, filed a motion, dated July 5, 2022 (NYSCEF Doc. No. 68), seeking to dismiss the Complaint in its entirety as against all Defendants, pursuant to 49 USC 30106, CPLR 3211 (a) (7) and CPLR 3212. Background and Procedural History In support of their motion to dismiss, Defendants submitted a Statement of Material Facts (Defendants Statement; NYSCEF Doc. No. 70) and a supporting affirmation of counsel (Defendants Affirmation; NYSCEF Doc. No. 69). Plaintiff filed a statement in reply (Plaintiff Statement; NYSCEF Doc. No. 88), designating certain statements in Defendants Statement as undisputed or disputed, along with an affirmation of counsel in opposition (Plaintiff Opposition; NYSCEF Doc. No. 86). The background facts for this action, as summarized below, are based primarily upon Defendants Statement; the summarized facts are generally undisputed by the parties, unless otherwise indicated. Sunbelt is the owner-lessor of the forklift, which was leased to MCRT for use at its job site in Mineola from August 6, 2018 through the date of the accident (i.e. August 15, 2018), and Sunbelt was never notified by MCRT or anyone of the alleged accident (Defendants Statement,
28-32; Plaintiff Statement,
