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RAKOWSKI v. ST. AIDAN'S ROMAN CATHOLIC CHURCH

2014-11547, Index No. 600305/13.

135 A.D.3d 730 (2016)

23 N.Y.S.3d 296

2016 NY Slip Op 00170

EDMUND G. RAKOWSKI et al., Appellants, v. ST. AIDAN'S ROMAN CATHOLIC CHURCH, Respondent, et al., Defendant.

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

Decided January 13, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff allegedly tripped and fell over a defect in a curb located two or three feet away from the curb cut that provided access to the driveway leading to the property and parking lot of the defendant St. Aidan's Roman Catholic Church (hereinafter the defendant). The injured plaintiff, and his wife suing derivatively, commenced this...

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