Delio v. Percom Equipment Rental Corp.

—In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff Percom Equipment Rental Corp. appeals from an order of the Supreme Court, Kings County (Belen, J.), dated March 3, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

' The plaintiff Cono Delio, Jr., who was employed by the third-party defendant Perez Interboro Asphalt Co. (hereinafter Perez Interboro), allegedly sustained injuries during the course of his…