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GAMBINO v. CITY OF NEW YORK

60 A.D.3d 627 (2009)

___ N.Y.S.2d ___

CARL GAMBINO et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided March 3, 2009.

Ordered that the judgment is affirmed, with costs.

The plaintiff Carl Gambino (hereinafter the plaintiff), an employee of the New York City Department of Sanitation, slipped and fell on a puddle of oil as he was walking through a dimly-lit garage that was owned by the defendant and used to store various sanitation vehicles. The puddle was described during trial by the plaintiff and by his supervisor, Robert D'Angelo, as three feet by five feet or four feet by four...

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