Appellate Division of the Supreme Court of New York, 2004

Lopez v. Mendon Leasing Corp.

Lopez v. Mendon Leasing Corp.
Appellate Division of the Supreme Court of New York · Decided May 4, 2004
7 A.D.3d 262; 775 N.Y.S.2d 526; 2004 N.Y. App. Div. LEXIS 6465
Lopez v. Mendon Leasing Corp.

Opinion of the Court

*263Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 21, 2003, which denied appellants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment is precluded by unresolved questions of fact concerning whether the moving defendants owned, leased or operated the truck from which plaintiff fell (see Reliance Ins. Co. v National Grange Mut. Ins. Co., 225 AD2d 1046 [1996]). Concur—Nardelli, J.P., Andrias, Sullivan and Ellerin, JJ.

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