Permuy v. City of New York

Order of the Supreme Court, New York County (Karla Moskowitz, J.), entered on December 30, 1988, which granted plaintiffs’ motion for summary judgment as to liability, is unanimously reversed on the law and the motion denied, without costs or disbursements.

*175Plaintiffs-respondents Gerald and Eileen Permuy seek to recover damages for personal injuries allegedly sustained by Gerald Permuy in the course of his employment with the New York City Department of Sanitation. On April 1, 1987, plaintiff was assigned as a general worker on a sanitation route. His partner for the day was Carl McCain, who…