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CIBELLI v. EPISCOPAL DIOCESE OF NEW YORK

298 A.D.2d 485 (2002)

748 N.Y.S.2d 505

GEORGE CIBELLI et al., Appellants, v. EPISCOPAL DIOCESE OF NEW YORK et al., Respondents.

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

Decided October 21, 2002.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law with respect to the plaintiffs' General Municipal Law § 205-a cause of action by demonstrating that no predicate violation existed to support the claim. The defendants also established entitlement to judgment as a matter of law with respect to the plaintiffs' common-law negligence cause of action by demonstrating that no action...

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