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PEREIRA v. ST. JOSEPH'S CEMETERY

54 A.D.3d 835 (2008)

864 N.Y.S.2d 491

JOSE PEREIRA, Respondent, v. ST. JOSEPH'S CEMETERY et al., Appellants.

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

September 16, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint is granted.

The plaintiff was employed as a caretaker by the defendant St. Joseph's Cemetery (hereinafter the Cemetery). He alleges that fellow employees intentionally caused him to trip and fall and that he was thereby injured. The plaintiff commenced this lawsuit against the Cemetery, St. Joseph's Church (hereinafter the Church), and the Archdiocese of...

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