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MARENECK v. BOHEMIAN BRETHERN PRESBYT. CHURCH

Index Nos. 151088/19, 595701/20. Appeal No. 15005. Case No. 2021-02295.

201 A.D.3d 471 (2022)

161 N.Y.S.3d 59

2022 NY Slip Op 00128

Aimee Mareneck, Respondent, v. Bohemian Brethern Presbyterian Church, Doing Business as Jan Hus Presbyterian Church, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. Unique Building Maintenance Services Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant-respondent.

Camacho Mauro Mulholland, LLP, New York (Kathleen M. Mulholland, of counsel), for respondent-appellant.

Pulvers, Pulvers & Thompson, L.L.P., New York (Shachar Hadar, of counsel), for respondent.

Concur— Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

The Church established prima facie entitlement to summary judgment by submitting proof that it did not cause or create a wet condition in the vestibule of its building, and that it lacked actual or constructive notice of the allegedly dangerous condition. The Church's administrator testified that the Church followed a daily cleaning protocol and that the cleaning person had been on duty on the day of the accident; in addition, another Church employee submitted an affidavit...

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