Kulovany v. Cerco Products, Inc.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 6, 2004, which, to the extent appealed from *225as limited by the briefs, granted defendants’ motions for summary judgment dismissing the complaint, and denied plaintiffs’ motion for partial summary judgment on their claim pursuant to Labor Law § 240 (1), unanimously affirmed, without costs.

The negligence claim against defendant Cerco, the lessor of the trailer, was properly dismissed, there being no showing that defendant and third-party plaintiff Cerco had constructive notice of the ostensibly visible defect in the…