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JACKSON v. BOARD OF EDUC.

30 A.D.3d 57 (2006)

812 N.Y.S.2d 91

ROOSEVELT JACKSON, Respondent, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, et al., Appellant.

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

April 4, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman, Larry A. Sonnenshein and Steven N. Blivess of counsel), for Board of Education of the City of New York, appellant.

Conway, Farrell, Curtin & Kelly, P.C., New York City (Jonathan T. Uejio of counsel), for Board of Trustees of the Fashion Institute of Technology, appellant.

Jeffrey Samel & Partners, New York City (David Samel of counsel), for American Building Maintenance Co., appellant.

Miller & Goldman, New York City (Julie L. Miller and Linda A. Goldman of counsel), and Alpert & Kaufman, LLP, New York City, for respondent.

TOM, J.P., NARDELLI, CATTERSON and McGUIRE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

On February 22, 2002 at about 6:30 P.M., near the end of his work shift, plaintiff, a utility worker employed by Aramark Educational Services, the exclusive food services contractor for the Fashion Institute of Technology (FIT), slipped and fell on a food substance near the freight elevator on the fifth floor at an FIT facility in Manhattan, thereby sustaining injuries. He...

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