Links v. Roman Catholic Church of St. Raymond Pennafort At Lynbrook in County of Nassau

Appellate Division of the Supreme Court of New York

Links v. Roman Catholic Church of St. Raymond Pennafort At Lynbrook in County of Nassau

282 A.D.2d 438, 722 N.Y.S.2d 426, 2001 N.Y. App. Div. LEXIS 3314

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 2001

StatusPublished

This text of 282 A.D.2d 438 (Links v. Roman Catholic Church of St. Raymond Pennafort At Lynbrook in County of Nassau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Links v. Roman Catholic Church of St. Raymond Pennafort At Lynbrook in County of Nassau, 282 A.D.2d 438, 722 N.Y.S.2d 426, 2001 N.Y. App. Div. LEXIS 3314 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Joseph, J.), entered July 21, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant established a prima facie case of its entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to establish that the doctrine of res ipsa loquitur applies in this case (see, Ebanks v New York City Tr. Auth., 70 NY2d 621; Thompson v Pizza Hut, 262 AD2d 302). However, the plaintiffs raised a triable issue of fact as to whether the defendant had actual or constructive notice of the condition that allegedly caused the accident (see, CPLR 3212). Friedmann, J. P., Florio, McGinity and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Joseph, J.), entered July 21, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant established a prima facie case of its entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to establish that the doctrine of res ipsa loquitur applies in this case (see, Ebanks v New York City Tr. Auth., 70 NY2d 621; Thompson v Pizza Hut, 262 AD2d 302). However, the plaintiffs raised a triable issue of fact as to whether the defendant had actual or constructive notice of the condition that allegedly caused the accident (see, CPLR 3212). Friedmann, J. P., Florio, McGinity and Luciano, JJ., concur.

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Bluebook (online)

282 A.D.2d 438, 722 N.Y.S.2d 426, 2001 N.Y. App. Div. LEXIS 3314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/links-v-roman-catholic-church-of-st-raymond-pennafort-at-lynbrook-in-nyappdiv-2001.

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