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KLIMKIEWICZ v. JWA FURNITURE CO.

249 A.D.2d 371 (1998)

671 N.Y.S.2d 499

Krzysztof Klimkiewicz et al., Respondents, v. Jwa Furniture Company, Appellant

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

April 13, 1998

Ordered that the order is affirmed, with costs.

The plaintiff Krzysztof Klimkiewicz was injured when several four feet by eight feet melamine boards being moved by the defendant's employees slipped and fell on his head. We agree with the Supreme Court that there is an issue of fact with respect to whether the defendant's employees were acting within the scope of their employment when the injury occurred (see, Riviello v Waldron, 47 N...

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