CONSALVO v. CITY OF NEW YORK


53 A.D.3d 521 (2008)

861 N.Y.S.2d 404

DIANE CONSALVO et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided July 8, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

From 1990 until 2000, the decedent was employed as a New York City sanitation worker. His duties included picking up and disposing of dead animals. On the evening of February 15, 2000 the decedent was assigned by his garage supervisor to perform "relays," which entailed driving "collection trucks" that had been filled with...

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