General
Joseph Minaya et al., Appellants, v. American National Red Cross, Respondent. (And a Third-Party Action.)
225 A.D.2d 397640 N.Y.S.2d 9·New York Supreme Court, Appellate Division·1996·NY
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Opinion
Joseph Minaya et al., Appellants, v American National Red Cross, Respondent. (And a Third-Party Action.)
[640 NYS2d 9]
[MAJORITY]
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 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.