Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.
On October 25, 2004 the plaintiff, an employee of the Department of Sanitation of the defendant City of New York, was assigned to a recycling collection route. The sanitation truck the plaintiff used that day had two compartments, one larger than the other. He was required to place cardboard and paper...
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