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Grey v. First Baptist Church of Olean

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

JOHN S. GREY AND JENNIFER L. GREY, PLAINTIFFS-RESPONDENTS-APPELLANTS,
v.
FIRST BAPTIST CHURCH OF OLEAN, ALSO KNOWN AS FIRST BAPTIST CHURCH, DEFENDANT-APPELLANT-RESPONDENT, CHRISTIAN C. HENZEL AND CATHERINE M. MALEY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appeal and cross appeal from an amended order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered November 13, 2007 in a personal injury action. The amended order granted the motion of defendants Christian C. Henzel and Catherine M. Maley for summary judgment, granted in part and denied in part the motion of plaintiffs for partial summary judgment, and granted in part and denied in part the motion of defendant First Baptist Church of Olean, also known as First Baptist Church, for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PERADOTTO, AND GORSKI, JJ.

It is hereby ORDERED that the amended order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20090320

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