ARIAS v. ST. ROSALIA'S ROMAN CATHOLIC CHURCH


286 A.D.2d 311 (2001)

728 N.Y.S.2d 695

LUCILLE ARIAS, Appellant, v. ST. ROSALIA'S ROMAN CATHOLIC CHURCH, Respondent, et al., Defendant.

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

Decided August 6, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

At about 11:00 P.M. on December 14, 1997, the plaintiff fell as she stepped from the courtyard of the respondent's property to the sidewalk. The plaintiff testified at her examination before trial that the courtyard was not lit.

The respondent moved for summary judgment based upon sworn statements of its maintenance worker that he was present on the day of the accident, that it was his...

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