Appellate Division of the Supreme Court of the State of New York December 8, 2011 (Tierney v. New York State Comptroller)

Lahtinen, J.

Petitioner, a police lieutenant with the Port Authority of New York and New Jersey, sustained a knee injury on May 1, 2006 when he slipped on discarded food while stepping out of an office building where he routinely worked and down a step to a parking lot. Petitioner testified that he did not observe food at such location when he entered earlier in the day.