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SPALLINA v. ST. CAMILLUS CHURCH

53 A.D.3d 650 (2008)

862 N.Y.S.2d 552

JOSEPH SPALLINA et al., Appellants, v. ST. CAMILLUS CHURCH et al., Respondents.

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

Decided July 29, 2008.

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

The plaintiff Joseph Spallina (hereinafter the injured plaintiff) allegedly was injured when he slipped and fell while walking down a ramp inside a parochial school owned and operated by the defendants. At his deposition, the injured plaintiff testified that it was raining on the day of the accident, and that the

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