WALKER v. ARCHDIOCESE OF NEW YORK


270 A.D.2d 127 (2000)

706 N.Y.S.2d 307

KAREN WALKER et al., Appellants, v. ARCHDIOCESE OF NEW YORK et al., Respondents.

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

Decided March 21, 2000.


The action was properly dismissed as against the Archdiocese based upon the unrefuted affidavits of the Pastor of the Church of St. Peter's that the Church owns the premises on which defendant school is located, and of the Secretary of the Archdiocese that the Archdiocese does not own, operate or exercise control over the school. Plaintiffs' claim that disclosure may reveal some involvement by the Archdiocese with the school is speculative and insufficient to raise an issue...

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