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SPALLINA v. ST. CAMILLUS CHURCH

2007-04720.

2008 NY Slip Op 06444

JOSEPH SPALLINA, ET AL., appellants, v. ST. CAMILLUS CHURCH, ET AL., respondents.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Tierney & Tierney, Port Jefferson Station, N.Y. (Stephen A. Ruland, John A. Tierney, and Joseph M. Zecca of counsel), for appellants.

Murphy & Higgins, LLP, New Rochelle, N.Y. (Daniel Schiavetta, Jr., of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

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...

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