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GARCIA v. AST WHOLESALE FLORIST INC.

21 Misc.3d 14 (2008)

EDISON GARCIA, Appellant, v. AST WHOLESALE FLORIST INC. et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 10, 2008.

Attorney(s) appearing for the Case

Fotopoulos, Rosenblatt & Green, New York City (Dimitrios C. Fotopoulos of counsel), for appellant.

Law Office of John P. Humphreys, Melville (David R. Holland of counsel), for respondents.

McKEON, P.J., DAVIS and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered March 28, 2006, affirmed, with $10 costs. Appeal from order, entered July 7, 2006, dismissed, without costs, as academic.

Plaintiff seeks to recover damages for personal injuries sustained when he fell from the rear "step" of defendant's flower truck. The record shows that the truck was used by defendant, a wholesale supplier, to deliver flowers to local...

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