Legal Opinion

Tracy v. St. Patrick's Church

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

Decided December 26, 1996PublishedCited by 6 opinions

1Opinion of the Court

—Mikoll, J. P.

Appeal from an order of the Supreme Court (Ryan, Jr., J.), entered January 12, 1996 in Franklin County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff, a 78-year-old woman, fell while walking on a sidewalk in front of defendant St. Patrick’s Church in the Town of Chateaugay, Franklin County. Plaintiff commenced this action to recover damages for a broken wrist and other injuries she allegedly sustained due to the height differential between two of the five-foot by five-foot slabs of the concrete sidewalk area in front of the church. After…

2Cases cited4 opinions

  1. Guerrieri v. SummaAppellate Division of the Supreme Court of the State of New York · 1993
  2. Liebl v. Metropolitan Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1960
  3. Morales v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Evans v. Pyramid Co.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by6 opinions

  1. Tesak v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Trionfero v. VanderHornAppellate Division of the Supreme Court of the State of New York · 2004
  3. Brumm v. St. Paul's Evangelical Lutheran ChurchAppellate Division of the Supreme Court of the State of New York · 2016
  4. Denmark v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Wilson v. Time Warner Cable, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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