MATTER OF RHAMES v. CITY OF NEW YORK

15608, 308813/12

130 A.D.3d 405 (2015)

11 N.Y.S.3d 482

2015 NY Slip Op 05759

In the Matter of KASHEEM RHAMES, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided July 2, 2015.


Petitioner, an employee of the Department of Education, was injured when, while helping to unload a delivery of paper inside the school building where he worked, the skid that was carrying the paper fell on his foot. Under the circumstances presented, petitioner is not entitled to recover no-fault benefits (see Insurance Law § 5103 [a] [1]), since the delivery person's vehicle was clearly not a proximate cause of petitioner's injuries (see Walton v Lumbermens...

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