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PRIORE v. NEW YORK CITY DEPT. OF PARKS & RECREATION

2014-02378, Index No. 25130/11.

124 A.D.3d 749 (2015)

PAUL W. PRIORE, Respondent, v. NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION et al., Defendants, and KOREAN CANAAN PRESBYTERIAN CHURCH OF NEW YORK, Appellant.

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

Decided January 21, 2015.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that he was sitting in a parked vehicle, waiting for a rainstorm to subside, when a tree fell on the vehicle, causing him to sustain personal injuries. The base of the tree was located on the property of the defendant Korean Canaan Presbyterian Church of New York, (hereinafter the church). The plaintiff commenced this action against, among others, the church. The church moved for summary judgment...

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