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CALIFANO v. CITY OF NEW YORK

212 A.D.2d 146 (1995)

627 N.Y.S.2d 1008

Michael Califano, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1995

Attorney(s) appearing for the Case

Norman E. Frowley of counsel, New York City (Edwin N. Weidman, attorney), for respondent.

Stephen J. McGrath of counsel, New York City (Kathleen Alberton on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

ROSENBERGER, WALLACH, KUPFERMAN and TOM, JJ., concur.

SULLIVAN, J. P.

The City appeals from the setting aside of a verdict in its favor in a personal injury action brought against it by a Department of Sanitation worker who fell while cleaning a collection truck at a Department garage. The focal point of the factual contentions at trial was the way in which the accident occurred, plaintiff claiming he fell from a ladder set on a defective floor while the City contended...

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