Loschiavo v. City of New York

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Rings County (Velasquez, J.), dated January 11, 2010, as denied that branch of its cross motion which was for summary judgment dismissing the complaint.

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…