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D'AMICO v. ARCHDIOCESE OF NEW YORK

Nos. 7454, 307477/08, 83719/10.

95 A.D.3d 601 (2012)

944 N.Y.S.2d 106

2012 NY Slip Op 3758

ROSEMARIE D'AMICO, Appellant, v. ARCHDIOCESE OF NEW YORK et al., Respondents. (And a Third-Party Action.)

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

Decided May 15, 2012.

Plaintiff tripped and fell on the sidewalk abutting property owned and operated by the Church defendants. She commenced this personal injury action against them and defendants West New York Restoration, Inc. and West New York Restoration of CT, Inc. (collectively West New York), which, pursuant to a contract with the Archdiocese, repaired and replaced the sidewalk in 1998.

In opposition to the Church defendants' submission of evidence demonstrating that the sidewalk...

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