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MARENECK v. BOHEMIAN BRETHERN PRESBYT. CHURCH

Index Nos. 151088/19, 595701/20. Appeal No. 15005. Case No. 2021-02295.

201 A.D.3d 471 (2022)

161 N.Y.S.3d 59

2022 NY Slip Op 00128

Aimee Mareneck, Respondent, v. Bohemian Brethern Presbyterian Church, Doing Business as Jan Hus Presbyterian Church, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. Unique Building Maintenance Services Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for appellant-respondent.

Camacho Mauro Mulholland, LLP, New York ( Kathleen M. Mulholland , of counsel), for respondent-appellant.

Pulvers, Pulvers & Thompson, L.L.P., New York ( Shachar Hadar , of counsel), for respondent.

Concur— Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

The Church established prima facie entitlement to summary judgment by submitting proof that it did not cause or create a wet condition in the vestibule of its building, and that it lacked actual or constructive notice of the allegedly dangerous condition. The Church's administrator testified that the Church followed a daily cleaning protocol and that the cleaning person had been on duty on the day of the accident; in addition, another Church employee submitted an affidavit...

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