Tempio v. City of Buffalo

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 5, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiff, a civilian employee of the City of Buffalo Fire Department who is not a firefighter, commenced this action alleging that defendant is liable under General Mu*1198nicipal Law § 205-a and the doctrine of respondeat superior for personal injuries sustained…