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Joseph Minaya v. American National Red Cross, (And a Third-Party Action.)
Plaintiffs own deposition testimony, that immediately before his fall he could and did observe the two-foot path directly in front of him that had to be traversed in unloading boxes from
[398] a truck and putting them on a skid and saw no debris or obstructions thereon, establishes that his fall could not have been caused by any dry ice on the loading platform (see, Garcia v New York City Hous. Auth., 183 AD2d 619). Concur — Murphy, P. J., Milonas, Rosenberger, Ross and Mazzarelli, JJ.
