Legal Opinion

Zaciewski v. MacFarlane

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

Decided November 12, 1999Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint. Plaintiff Gary D. Zaciewski was injured at his place of employment when he stepped onto a manhole cover that flipped, and he fell into the manhole. The complaint alleges that defendants were negligent in failing to replace the cover when repairing the sewer line about -two weeks before the accident. Defendants met their initial burden by establishing that, in repairing a sewer backup, their employee worked on the main line from the basement of…

2Cases cited4 opinions

  1. Judith M. v. Sisters of Charity HospitalNew York Court of Appeals · 1999
  2. Judith M. v. Sisters of Charity HospitalAppellate Division of the Supreme Court of the State of New York · 1998
  3. Elmer v. KratzerAppellate Division of the Supreme Court of the State of New York · 1998
  4. Hall v. GastonAppellate Division of the Supreme Court of the State of New York · 1998

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