LOPEZ v. COBRA LOGISTICS, INC.

2014-01057

130 A.D.3d 880 (2015)

12 N.Y.S.3d 889

2015 NY Slip Op 06220

ROBERTO LOPEZ, Respondent, v. COBRA LOGISTICS, INC., et al., Appellants. (And a Third-Party Action.).

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

Decided July 22, 2015.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court properly determined that they failed to establish their prima facie entitlement to judgment as a matter of law dismissing so much of the first cause of action as alleged that they negligently failed to stabilize and/or re-level a trailer during the time it was being unloaded (see Alvarez v Prospect Hosp., 68 N.Y...

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