Legal Opinion

Leszczynski v. Town of Neversink

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2013Published

1Opinion of the CourtLahtinen, J.

Cross appeals from a judgment and an amended judgment of the Supreme Court (O’Connor, J.), entered October 19, 2011 and August 21, 2012 in Sullivan County, upon a verdict rendered in favor of plaintiffs.

In December 2007, plaintiff Grzegorz Leszczynski (hereinafter plaintiff) was injured when a frozen conglomerate of number two stone, estimated to be the size of a bowling ball and weighing 40 to 80 pounds, fell on his head while he was standing in a trench where he was working installing sewer pipe. He was employed by Osterhoudt Excavating, Inc., the general contractor, on a project to install…

2Cases cited10 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Misicki v. CaradonnaNew York Court of Appeals · 2009
  3. Walls v. Turner Construction CompanyNew York Court of Appeals · 2005
  4. Cappabianca v. Skanska USA Building Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. St. Louis v. Town of North ElbaNew York Court of Appeals · 2011

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