BARBARA PIATEK ap, v. OAK DRIVE ENTERPRISES, INC. def, ST. ANDREWS UKRAINIAN ORTHODOX CHURCH, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT DEFENDANTS THIRDPARTY def; VOJTEK CONSTRUCTION, INC., THIRD-PARTY DEFENDANTRESPONDENT (AND A SECOND THIRDPARTY ACTION). (INDEX NO. 3916/07)

BARBARA PIATEK ap, v. OAK DRIVE ENTERPRISES, INC. def, ST. ANDREWS UKRAINIAN ORTHODOX CHURCH, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT DEFENDANTS THIRDPARTY def; VOJTEK CONSTRUCTION, INC., THIRD-PARTY DEFENDANTRESPONDENT (AND A SECOND THIRDPARTY ACTION). (INDEX NO. 3916/07) In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal (1) from an order of the Supreme Court, Queens County (Rosengarten, J.), dated December 11, 2013, which granted the motion of the defendant St. Andrews Ukranian Orthodox Church for summary judgment dismissing the complaint insofar as asserted against it, and (2), as limited by their brief, from so much of an order of the same court, also dated December 11, 2013, as granted that branch of the motion of the third-party defendant Vojtek Construction, Inc., which was for summary judgment dismissing the complaint insofar as asserted against the defendant St. Andrews Ukranian Orthodox Church.

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BARBARA PIATEK ap, v. OAK DRIVE ENTERPRISES, INC. def, ST. ANDREWS UKRAINIAN ORTHODOX CHURCH, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT DEFENDANTS THIRDPARTY def; VOJTEK CONSTRUCTION, INC., THIRD-PARTY DEFENDANTRESPONDENT (AND A SECOND THIRDPARTY ACTION). (INDEX NO. 3916/07) In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal (1) from an order of the Supreme Court, Queens County (Rosengarten, J.), dated December 11, 2013, which granted the motion of the defendant St. Andrews Ukranian Orthodox Church for summary judgment dismissing the complaint insofar as asserted against it, and (2), as limited by their brief, from so much of an order of the same court, also dated December 11, 2013, as granted that branch of the motion of the third-party defendant Vojtek Construction, Inc., which was for summary judgment dismissing the complaint insofar as asserted against the defendant St. Andrews Ukranian Orthodox Church.

ORDERED that the first order dated December 11, 2013, is affirmed; and it is further,

BARBARA PIATEK ap, v. OAK DRIVE ENTERPRISES, INC. def, ST. ANDREWS UKRAINIAN ORTHODOX CHURCH, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT DEFENDANTS THIRDPARTY def; VOJTEK CONSTRUCTION, INC., THIRD-PARTY DEFENDANTRESPONDENT (AND A SECOND THIRDPARTY ACTION). (INDEX NO. 3916/07)

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