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THEARD v. G. FAZIO CONSTR. CO., INC.

2019-07158. Index No. 509835/16.

192 A.D.3d 942 (2021)

140 N.Y.S.3d 717

2021 NY Slip Op 08275

Cynthia Theard, Appellant, v. G. Fazio Construction Co., Inc., Defendant, and St. Mary Magdalene Parish et al., Respondents. (And a Third-Party Action.)

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Katz & Kern, LLP, New York, NY ( John Clark and Chet W. Kern of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY ( I. Elie Herman of counsel), for respondents.

Mastro, A.P.J., Rivera, Duffy and Barros, JJ., concur.

Ordered that the judgment is affirmed, with costs.

On February 2, 2015, Emmanuel Theard (hereinafter the decedent) allegedly sustained injuries when he tripped and fell on a sidewalk abutting premises owned by the defendants St. Mary Magdalene Parish and Roman Catholic Church Diocese of Brooklyn, N.Y., and managed by the defendant Rocklyn Asset Corp. (hereinafter collectively the Church defendants). The decedent subsequently...

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