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PEREZ v. GRACE EPISCOPAL CHURCH

6 A.D.3d 596 (2004)

774 N.Y.S.2d 785

KAYLA M. PEREZ et al., Appellants, v. GRACE EPISCOPAL CHURCH, Respondent, et al., Defendant.

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

April 19, 2004.

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

On March 21, 2000, the infant plaintiff Kayla M. Perez tripped and fell while playing in the playground of premises owned by the respondent. The respondent demonstrated its entitlement to judgment as a matter of law (see Bongiorno v Penske Auto. Ctr., 289 A.D.2d 520 [2001]). In opposition, the plaintiffs offered mere speculation as to the cause of the...

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