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BOSTON v. CITY OF NEW YORK

51 A.D.3d 615 (2008)

858 N.Y.S.2d 265

GEORGE BOSTON et al., Respondents-Appellants, v. CITY OF NEW YORK, Respondent, and CHAROSA FOUNDATION CORPORATION, Appellant-Respondent.

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

Decided May 6, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff George Boston (hereinafter the plaintiff) was injured while on a sanitation truck collecting trash for the defendant City of New York. After emptying a basket on the street corner in front of a building occupied by the defendant Charosa Foundation Corporation (hereinafter Charosa), the plaintiff stood on a running board flush against the truck...

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