Legal Opinion

Baker v. Roman Catholic Church of the Holy See

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

Decided February 25, 2016No. 324 113884/11Published

1Opinion of the Court

Order, Supreme Court, New York County (Richard F. Braun, J.), entered November 25, 2014, which granted the motion of defendant Holy Cross Church for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff was allegedly injured when she tripped and fell on the stairs as she exited defendant church. Defendant submitted photographs and an expert’s affidavit showing that the two-stair staircase was open and obvious and not inherently dangerous (see Tagle v…

2Cases cited5 opinions

  1. Tagle v. JakobNew York Court of Appeals · 2001
  2. Burke v. Canyon Road RestaurantAppellate Division of the Supreme Court of the State of New York · 2009
  3. Langer v. 116 Lexington Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Daniarov v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  5. Sakol v. KirschAppellate Division of the Supreme Court of the State of New York · 2006

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