Caccese v. Liebherr Container Cranes, Ltd.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Straniere, J.), dated April 17, 2015, which granted the motion of the defendant Liebherr Container Cranes, Ltd., pursuant to CPLR 4401, made at the close of the plaintiffs case, for judgment as a matter of law dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

On August 9, 2007, the plaintiff, a longshoreman, was operating a modified tractor, referred to as a “hustler,” with a modified flatbed, deemed a “red…