Zaciewski v. MacFarlane
Appellate Division of the Supreme Court of the State of New York
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
- Judith M. v. Sisters of Charity HospitalNew York Court of Appeals · 1999
- Judith M. v. Sisters of Charity HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- Elmer v. KratzerAppellate Division of the Supreme Court of the State of New York · 1998
- Hall v. GastonAppellate Division of the Supreme Court of the State of New York · 1998