SANTOLIQUIDO v. ROMAN CATHOLIC CHURCH OF THE HOLY NAME OF JESUS


37 A.D.3d 815 (2007)

830 N.Y.S.2d 778

ROBERT SANTOLIQUIDO et al., Appellants, v. ROMAN CATHOLIC CHURCH OF THE HOLY NAME OF JESUS, Respondent.

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

Decided February 27, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The injured plaintiff allegedly slipped and fell on ice on the sidewalk of the defendant's premises at approximately 7:40 A.M. According to the injured plaintiff, he did not see the icy condition, which he described as black ice, before he fell. The defendant's custodian testified at his deposition that he subsequently arrived...

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