VETACK v. CITY OF NEW YORK


245 A.D.2d 110 (1997)

664 N.Y.S.2d 805

Catherine M. Vetack, as Administratrix of The Estate of Robert Vetack, Deceased, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1997


In this personal injury and wrongful death action, the IAS Court properly granted defendant summary judgment based upon testimony and documentary evidence showing that fleas infected with murine typhus were not found on rats in the neighborhood of the firehouse where the decedent had worked, such that it was mere speculation to claim that the decedent contracted the disease at the firehouse rather than elsewhere (see, Bernstein v City of New York,

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