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THAI v. ROMAN CATHOLIC CHURCH OF ST. NICHOLAS OF TOLENTINE

34 A.D.3d 225 (2006)

822 N.Y.S.2d 708

TONY THAI, by His Mother and Natural Guardian, HUYEN THAI, et al., Respondents, v. ROMAN CATHOLIC CHURCH OF ST. NICHOLAS OF TOLENTINE, Appellant.

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

Decided November 2, 2006.

An issue of fact exists as to whether the infant plaintiff was, at the time of his fall, in defendant church's custody and control, such that defendant owed him a duty of adequate supervision (see Pratt v Robinson, 39 N.Y.2d 554, 560 [1976]; Ramo v Serrano, 301 A.D.2d 640, 641 [2003]), whether such duty was breached, and, if so, whether the infant plaintiff's injuries were foreseeable (...

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