Cardona v. Ho-Ro Trucking Co.

*429Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about July 8, 2010, which, to the extent appealed from as limited by the briefs, denied that portion of defendant’s motion seeking summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, an employee of nonparty AZM Trucking, was operating a cab owned by AZM and hauling a trailer owned by defendant Ho-Ro Trucking Company, Inc., when the cab and trailer overturned on the ramp to the Van Wyck Expressway. AZM had subcontracted with Ho-Ro to haul and deliver trailers on HoRo’s behalf.

The court…