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KRUZHKOV v. EGLISE ST. JEAN BAPTISTE

8349. 302161/10. 83962/10.

169 A.D.3d 430 (2019)

92 N.Y.S.3d 44

2019 NY Slip Op 00971

Marlen Kruzhkov et al., Respondents, v. The Eglise St. Jean Baptiste et al., Appellants-Respondents, and West New York Restoration of CT, Inc., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. City of New York, Third-Party Defendant-Respondent.

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

Decided February 7, 2019.

The complaint should be dismissed as against the Archdiocese, because the record demonstrates that the Archdiocese did not own, control or have any responsibility for the property abutting the pedestrian ramp on which plaintiff Marlen Kruzhkov allegedly slipped and fell (see Batts v City of New York, 93 A.D.3d 425 [1st Dept 2012]; Administrative Code of City of NY § 7-210).

However, summary judgment in favor of either...

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