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CONSALVO v. CITY OF NEW YORK

2007-04691.

2008 NY Slip Op 06186

DIANE CONSALVO, ETC., ET AL., respondents, v. CITY OF NEW YORK, ET AL., appellants.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Scott Shorr of counsel), for appellants.

Bernadette Panzella, P.C., Staten Island, N.Y. (Robert A. Mulhall of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

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...

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