Rosada v. Mendon Truck Rentals, Inc.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered June 27, 2016, which granted defendants’ mo tion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff, a truck driver, commenced this action to recover for personal injuries he allegedly sustained as a result of the gap between the tailgate and the liftgate and the sloped angle of the liftgate of a truck owned and rented to his employer by defendants. Plaintiff testified that the wheel of a pallet jack loaded with an 800-pound boiler became…