DISANTO v. SPAHIU

2016-09825. Index No. 100437/12.

169 A.D.3d 861 (2019)

94 N.Y.S.3d 167

2019 NY Slip Op 01194

Andrew DiSanto, Appellant, v. Bledar Spahiu, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided February 20, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by him when he slipped and fell from the back of a truck that he was using to make deliveries to a construction site located at 69 Kensington Avenue in Staten Island (hereinafter the subject construction site).

At an examination before trial, the plaintiff testified that, on the date of the...

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