LOSCHIAVO v. CITY OF NEW YORK

2010-02120.

84 A.D.3d 1179 (2011)

923 N.Y.S.2d 676

JOHN LOSCHIAVO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided May 24, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's cross motion which was for summary judgment dismissing the complaint is granted.

On March 6, 2006, the plaintiff, an employee of the New York City Department of Sanitation (hereinafter the Department), was assigned to a recycling collection route using a dual hopper recycling truck. The plaintiff allegedly was injured when a metal bar he was recycling...

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