Majority
p. 397Joseph Minaya et al., Appellants, v American National Red Cross, Respondent. (And a Third-Party Action.) [640 NYS2d 9]
Plaintiffs own deposition testimony, that immediately before his fall he could and did observe the two-foot path directly in front of him that had to be traversed in unloading boxes from
p. 398
a truck and putting them on a skid and saw no debris or obstructions thereon, establishes that his fall could not have been caused by any dry ice on the loading platform (see, Garcia v New York City Hous. Auth., 183 AD2d 619 ). Concur — Murphy, P. J., Milonas, Rosenberger, Ross and Mazzarelli, JJ.
Cases cited
- Garcia v. New York City Housing Authority 183 AD2d 619 p. 398