Minaya v. American National Red Cross (225 A.D.2d 397, 1996)

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 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.