Nicholas M. Cardascia and Glenn A. Kaminska successfully appealed an order that denied our client's summary judgment motion. On appeal the Appellate Division, First Department reversed the lower court's order and dismissed plaintiff's complaint. The plaintiff was walking with a coworker when they walked onto a loading dock platform. The coworker stepped off the loading dock onto a stack of milk crates. Although the loading dock had a wall-mounted ladder to the side, the plaintiff did not look for any other means to exit the platform. The crates collapsed, causing him to fall. We argued that the milk crates were not a means of access to and from the loading dock and the plaintiff's actions were the only cause of the accident.