MARCANO v. CALVARY HOSP., INC.


13 A.D.3d 109 (2004)

786 N.Y.S.2d 49

WILLIAM MARCANO, Respondent, v. CALVARY HOSPITAL, INC., Appellant.

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

December 9, 2004.


Plaintiff, a deliveryman, fell from a lift at defendant's loading dock in February 2001, and, in October 2001, commenced this negligence action seeking damages for his resulting injuries. Defendant's security captain, Roy Evelyn, testified at his deposition in March 2002 that the security camera monitoring the loading dock had videotaped "some of" the subject incident, but Evelyn also testified that the tape of the incident had been erased after three months in the normal...

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