RAMIREZ v. OUR LADY OF REFUGE CATHOLIC CHURCH

6924, 305525/12.

162 A.D.3d 548 (2018)

80 N.Y.S.3d 227

2018 NY Slip Op 04640

Rosa Ramirez, Respondent, v. Our Lady of Refuge Catholic Church, Appellant, and City of New York et al., Respondents.

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

Decided June 21, 2018.


Plaintiff sustained injuries as she was leaving the Church when a gust of wind caused a New York Police Department barricade on the street to strike her. The Church used the barricade as well as a second barricade to block off the street so it could be used as a play area by students from the Church as well as students from a school located across the street from the Church.

The City defendants satisfied their prima facie burden that they did not create or have actual...

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