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MATTER OF CATANIA v. CITY OF NEW YORK

2019-03050. Index No. 524580/18.

188 A.D.3d 1041 (2020)

134 N.Y.S.3d 421

2020 NY Slip Op 06776

In the Matter of Vincenzo Catania, Appellant, v. City of New York, Respondent.

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

Decided November 18, 2020.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is granted.

At approximately 10:30 p.m. on September 21, 2017, the petitioner, a New York City Sanitation Department (hereinafter DSNY) employee, sustained injuries when he tripped and fell on a public sidewalk while working in front of a residence in Brooklyn. A DSNY supervisor responded to the scene and promptly...

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