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LINKE v. ROMAN CATHOLIC CHURCH OF ST. RAYMOND PENNAFORT AT LYNBROOK

282 A.D.2d 438 (2001)

722 N.Y.S.2d 426

DEBBIE M. LINKE et al., Appellant, v. ROMAN CATHOLIC CHURCH OF ST. RAYMOND PENNAFORT AT LYNBROOK IN THE COUNTY OF NASSAU, STATE OF NEW YORK, Doing Business as ST. RAYMOND'S CHURCH, Respondent.

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

Decided April 2, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant established a prima facie case of its entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to establish that the doctrine of res ipsa loquitur applies in this case (see, Ebanks v New York City Tr. Auth., 70 N.Y.2d 621; Thompson v Pizza Hut, 262...

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