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VITE v. MINISTER, ELDERS AND DEACONS OF REFORMED PROTESTANT DUTCH CHURCH IN CITY OF NEW YORK

289 A.D.2d 478 (2001)

735 N.Y.S.2d 165

LAURIE VITE et al., Appellants, v. MINISTER, ELDERS AND DEACONS OF REFORMED PROTESTANT DUTCH CHURCH IN CITY OF NEW YORK, et al., Defendants and Third-Party Plaintiffs-Respondents. MILLAR ELEVATOR INDUSTRIES, INC., et al., Third-Party Defendants-Respondents.

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

Decided December 24, 2001.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In support of their motion for summary judgment dismissing the complaint, the defendants third-party plaintiffs and second third-party plaintiffs met their burden of establishing that they did not create or have notice of the allegedly dangerous condition that allegedly caused the injured plaintiff's injuries. The mere fact that the lobby...

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