ROSA v. MENDON LEASING CORPORATION

2014-03338

130 A.D.3d 708 (2015)

11 N.Y.S.3d 867

2015 NY Slip Op 05928

ANIBAL ROSA et al., Appellants, v. MENDON LEASING CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2015.


Ordered that the order is affirmed, with costs.

On December 7, 2010, the injured plaintiff, Anibal Rosa, while climbing into the cargo area of a truck rented by his employer from the defendant, allegedly slipped and fell on a defect in the floor of the truck and sustained injuries. Subsequently, the injured plaintiff, and his wife suing derivatively, commenced this action to recover damages for personal injuries and loss of consortium. The defendant moved for summary...

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