ELAM v. RYDER SYS., INC.

2018-10565, Index No. 16269/14.

176 A.D.3d 675 (2019)

107 N.Y.S.3d 718

2019 NY Slip Op 07051

Rodney H. Elam, Respondent, v. Ryder Systems, Inc., Defendant, and Penske Corporation et al., Appellants.

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

Decided October 2, 2019.


Attorney(s) appearing for the Case

Sobel Pevzner, LLC (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Christen Giannaros ], of counsel), for appellants.

Sharon L. Silver , Islandia, NY (Duffy & Duffy, PLLC [ Clifford Argintar ], of counsel), for respondent.

Scheinkman, P.J., Miller, Maltese and LaSalle, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion of the defendants Penske Corporation, Penske Truck Rental, and Penske Truck Leasing which were for summary judgment dismissing the Labor Law §§ 240(1) and 241(6) causes of action insofar as asserted against them are granted, and the plaintiff's cross motion for summary judgment on the issue of liability on the cause of action alleging common-law negligence...

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