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LOPEZ v. MENDON LEASING CORPORATION

7 A.D.3d 262 (2004)

775 N.Y.S.2d 526

ROGELIO LOPEZ, Respondent, v. MENDON LEASING CORPORATION ET AL., Appellants, ET AL., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 4, 2004.

Summary judgment is precluded by unresolved questions of fact concerning whether the moving defendants owned, leased or operated the truck from which plaintiff fell (see Reliance Ins. Co. v National Grange Mut. Ins. Co., 225 A.D.2d 1046

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