Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The plaintiff Pedro Mejia (hereinafter the plaintiff) tripped and fell while walking backwards, looking up, and spraying insecticide as he was working for a nonparty tree service company. The plaintiffs allege that his fall was occasioned by loosened and uneven dirt and tracks caused by the treads of backhoe tires. The accident site was owned by the defendant New York City Housing...
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