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McGLYNN JR. v. ST. ANDREW THE APOSTLE CHURCH

304 A.D.2d 372 (2003)

761 N.Y.S.2d 151

DENNIS E. McGLYNN, JR., et al., Appellants-Respondents, v. ST. ANDREW THE APOSTLE CHURCH et al., Respondents, and ANDREA LEVKULICH et al., Respondents-Appellants, et al., Defendants.

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

Decided April 10, 2003.

Concerning plaintiffs' common-law claims, although the Church, as owner of the premises where the injured plaintiff was attacked, owed him a duty "to keep its premises free of known dangerous conditions, which may include intoxicated guests" (D'Amico v Christie, 71 N.Y.2d 76, 85 [1987]), the Church did not host the party at which such drinking took place, but merely permitted Andrea Levkulich (Andrea), then a 20-year-old parishioner...

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