ZACIEWSKI v. MACFARLANE


266 A.D.2d 914 (1999)

697 N.Y.S.2d 883

GARY D. ZACIEWSKI et al., Appellants, v. RICHARD G. MACFARLANE et al., Individually and Doing Business as RICHARD G. MACFARLANE PLUMBING AND HEATING, Respondents and Third-Party Plaintiffs. WYNDHAM LAWN HOME FOR CHILDREN, Third-Party Defendant-Respondent.

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

Decided November 12, 1999.


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...

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