Walker v. Archdiocese

Appellate Division of the Supreme Court of New York

Walker v. Archdiocese

270 A.D.2d 127, 706 N.Y.S.2d 307, 2000 N.Y. App. Div. LEXIS 2991

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

DecidedMarch 21, 2000

StatusPublished

This text of 270 A.D.2d 127 (Walker v. Archdiocese) 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.

Bluebook

Walker v. Archdiocese, 270 A.D.2d 127, 706 N.Y.S.2d 307, 2000 N.Y. App. Div. LEXIS 2991 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme [128]*128Court, New York County (Eileen Bransten, J.), entered September 10, 1999, which, in an action for personal injuries sustained by a student on the premises of defendant St. Peter’s Boys High School, granted defendants’ motion for summary judgment dismissing the complaint as against defendant Archdiocese of New York and changing venue to Richmond County, unanimously affirmed, without costs.

The action was properly dismissed as against the Archdiocese based upon the unrefuted affidavits of the Pastor of the Church of St. Peter’s that the Church owns the premises on which defendant school is located, and of the Secretary of the Archdiocese that the Archdiocese does not own, operate or exercise control over the school. Plaintiffs’ claim that disclosure may reveal some involvement by the Archdiocese with the school is speculative and insufficient to raise an issue of fact bearing upon the Archdiocese’s liability. Without the archdiocese in the case, the action has no connection to New York County, justifying the change of venue to Richmond County. Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Rubin, JJ.

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—Order, Supreme [128]*128Court, New York County (Eileen Bransten, J.), entered September 10, 1999, which, in an action for personal injuries sustained by a student on the premises of defendant St. Peter’s Boys High School, granted defendants’ motion for summary judgment dismissing the complaint as against defendant Archdiocese of New York and changing venue to Richmond County, unanimously affirmed, without costs.

The action was properly dismissed as against the Archdiocese based upon the unrefuted affidavits of the Pastor of the Church of St. Peter’s that the Church owns the premises on which defendant school is located, and of the Secretary of the Archdiocese that the Archdiocese does not own, operate or exercise control over the school. Plaintiffs’ claim that disclosure may reveal some involvement by the Archdiocese with the school is speculative and insufficient to raise an issue of fact bearing upon the Archdiocese’s liability. Without the archdiocese in the case, the action has no connection to New York County, justifying the change of venue to Richmond County. Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Rubin, JJ.

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Bluebook (online)

270 A.D.2d 127, 706 N.Y.S.2d 307, 2000 N.Y. App. Div. LEXIS 2991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-archdiocese-nyappdiv-2000.