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SCAPARO v. VILLAGE OF ILION

64 A.D.3d 1209 (2009)

883 N.Y.S.2d 677

CHARLES SCAPARO et al., Appellants-Respondents, v. VILLAGE OF ILION et al., Defendants, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Respondent, and OUR LADY QUEEN OF APOSTLES CHURCH OF ST. MARY OF MOUNT CARMEL/S.S. PETER AND PAUL, Respondent-Appellant. (Action No. 1.) ANTHONY YERO et al., Appellants-Respondents, v. VILLAGE OF ILION et al., Defendants, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Respondent, and OUR LADY QUEEN OF APOSTLES CHURCH OF ST. MARY OF MOUNT CARMEL/S.S. PETER AND PAUL, Respondent-Appellant. (Action No. 2.)

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

Decided July 10, 2009.

It is hereby ordered that the amended order so appealed from is modified on the law by granting the motion of defendant Our Lady Queen of Apostles Church of St. Mary of Mount Carmel/S.S. Peter and Paul and dismissing the amended complaints in action Nos. 1 and 2 against that defendant and as modified the amended order is affirmed without costs.

Memorandum: The plaintiffs in action Nos. 1 and 2 commenced these Labor Law and common-law negligence actions seeking damages...

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