Agnew v Corner Stone Baptist Church
2008 NY Slip Op 01901 [49 AD3d 478]
March 4, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Crystal Agnew, Respondent,
v
Corner Stone Baptist Church, Appellant, et al., Defendant.

—[*1] Downing & Peck, P.C., New York, N.Y. (John M. Downing, Jr., and Marguerite Peck of counsel), for appellant.

The Law Office of Bruce A. Newborough, P.C., Brooklyn, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendant Corner Stone Baptist Church appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated May 26, 2005, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

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

There are issues of fact requiring the denial of summary judgment (see CPLR 3212; Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Rivera, J.P., Miller, Dillon and Belen, JJ., concur.