Appellate Division of the Supreme Court of New York, 1996

Minaya v. American National Red Cross

Minaya v. American National Red Cross
Appellate Division of the Supreme Court of New York · Decided March 19, 1996
225 A.D.2d 397; 640 N.Y.2d 9; 640 N.Y.S.2d 9; 1996 N.Y. App. Div. LEXIS 2692
Minaya v. American National Red Cross

Opinion of the Court

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 *398a 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.

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