Ofori O. v. Roman Catholic Church of All Saints

Appellate Division of the Supreme Court of New York

Ofori O. v. Roman Catholic Church of All Saints

128 A.D.3d 483, 7 N.Y.S.3d 898

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

DecidedMay 14, 2015

Docket14582 113626/11

StatusPublished

This text of 128 A.D.3d 483 (Ofori O. v. Roman Catholic Church of All Saints) 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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Ofori O. v. Roman Catholic Church of All Saints, 128 A.D.3d 483, 7 N.Y.S.3d 898 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 20, 2014, which granted the motion of defendant Roman Catholic Church of All Saints (the School), dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this action for personal injuries allegedly sustained by the infant plaintiff when a free-standing basketball hoop in de *484 fendant’s gymnasium fell on top of him, dismissal of the complaint was not warranted. The record presents triable issues of fact including whether defendants were negligent in permitting a broken basketball hoop to remain in the gymnasium where classes, such as plaintiffs, were held (see Llauger v Archdiocese of N.Y., 82 AD3d 656 [1st Dept 2011]). Concur— Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.

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Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 20, 2014, which granted the motion of defendant Roman Catholic Church of All Saints (the School), dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this action for personal injuries allegedly sustained by the infant plaintiff when a free-standing basketball hoop in de *484 fendant’s gymnasium fell on top of him, dismissal of the complaint was not warranted. The record presents triable issues of fact including whether defendants were negligent in permitting a broken basketball hoop to remain in the gymnasium where classes, such as plaintiffs, were held (see Llauger v Archdiocese of N.Y., 82 AD3d 656 [1st Dept 2011]). Concur— Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.

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Bluebook (online)

128 A.D.3d 483, 7 N.Y.S.3d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ofori-o-v-roman-catholic-church-of-all-saints-nyappdiv-2015.

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