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MINAYA v. AM. NAT'L RED CROSS

225 A.D.2d 397 (1996)

640 N.Y.S.2d 9

Joseph Minaya et al., Appellants, v. American National Red Cross, Respondent. (And a Third-Party Action.)

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

March 19, 1996

Plaintiff's 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.,

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