Aprile-Sci v. St. Raymond of Penyafort R.C. Church

CourtNew York Supreme Court Appellate Division
Citation151 A.D.3d 671,55 N.Y.S.3d 421
Decision Date07 June 2017
Parties Kathleen APRILE–SCI, et al., respondents, v. ST. RAYMOND OF PENYAFORT R.C. CHURCH, appellant.

151 A.D.3d 671
55 N.Y.S.3d 421

Kathleen APRILE–SCI, et al., respondents,
v.
ST. RAYMOND OF PENYAFORT R.C. CHURCH, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 7, 2017.


55 N.Y.S.3d 422

Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park, NY (Christine M. Gibbons and Brian R. Davey of counsel), for appellant.

Sepe & O'Mahony, PLLC, Rockville Centre, NY (Michael Sepe, William J. O'Mahony, and Farrell J. Miller of counsel), for respondents.

RANDALL T. ENG, P.J., REINALDO E. RIVERA, RUTH C. BALKIN, and BETSY BARROS, JJ.

Appeal from an order of the Supreme Court, Nassau County (John M. Galasso, J.), entered March 4, 2015. The order denied the defendant's motion, in effect, for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, and the defendant's motion, in effect, for summary judgment dismissing the complaint is granted.

Kathleen Aprile–Sci (hereinafter the injured plaintiff) was a parishioner and volunteer Eucharistic Minister at St. Raymond of Penyafort R.C. Church (hereinafter the church). On November 20, 2011, she allegedly was injured during a church service when she tripped and fell over an exposed power cord near or on the altar as she went to volunteer to distribute Communion. The

55 N.Y.S.3d 423

church is a parish within the Roman Catholic Diocese of Rockville Centre (hereinafter the Diocese), which was self-insured with a Workers' Compensation policy that extended coverage to volunteers. The church applied to the Workers' Compensation Board (hereinafter the WCB) for a determination of the injured plaintiff's eligibility for benefits. The injured plaintiff, who was represented by counsel, was notified on multiple occasions by the Diocese's claims adjuster that a claim had been filed and her exclusive remedy was Workers' Compensation. The WCB also informed her of the proceedings. Disagreeing that she was eligible for Workers' Compensation, the injured plaintiff took no action in the WCB proceeding. By decision dated September 10, 2013, the WCB determined that she had a work-related injury and was entitled to benefits. The injured plaintiff did not file an objection to the WCB determination.

The injured plaintiff, and her husband suing derivatively, commenced this personal injury action against the church. The church moved, in effect, for summary judgment dismissing the complaint based on the exclusivity provisions of the Workers' Compensation Law (see Workers' Compensation Law §§ 11, 29 [6 ] ). The Supreme Court denied the motion, finding triable issues of fact as to whether the injured plaintiff was acting as a covered volunteer or as a parishioner at the time of her accident. The church...

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13 practice notes
  • Kavanaugh v. Kavanaugh, 2021-07352
    • United States
    • United States State Supreme Court (New York)
    • 23 December 2021
    ...review because Neil never specifically advanced them before the motion court (see Aprile-Sci v St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 673 [2d Dept 2017]; Seymour v Northline Utils., LLC, 79 A.D.3d 1386, 1389 [3d Dept 2010]; see generally Parochial Bus Sys. v Board of Educ. of......
  • Timperio v. Bronx-Lebanon Hosp., 2022-00711
    • United States
    • United States State Supreme Court (New York)
    • 3 February 2022
    ...on direct appeal, and are not subject to collateral attack in a plenary action" (Aprile-Sci v St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 673 [2017] [internal citation omitted]; accord Matter of Rosa v June Elec. Corp., 140 A.D.3d 1353, 1357 [2016], lv denied 28 N.Y.3d 910 [2016];......
  • Chiloyan v. Chiloyan, 2018–02910
    • United States
    • New York Supreme Court Appellate Division
    • 20 March 2019
    ...520 ; see O'Rourke v. Long, 41 N.Y.2d 219, 224, 391 N.Y.S.2d 553, 359 N.E.2d 1347 ; Aprile–Sci v. St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 672, 55 N.Y.S.3d 421 ). "The issue of whether a plaintiff was acting as an employee of a defendant at the time of the injury is a question ......
  • Paguay v. Cup of Tea, LLC, 2016–10510
    • United States
    • New York Supreme Court Appellate Division
    • 17 October 2018
    ...decision rendered in January 2015 and the plaintiff's deposition testimony (see Aprile–Sci v. St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 673, 55 N.Y.S.3d 421 ; Derosas v. Rosmarins Land Holdings, LLC, 148 A.D.3d at 990, 50 N.Y.S.3d 124 ; Maropakis v. Stillwell Materials Corp., 38......
  • Request a trial to view additional results
17 cases
  • Timperio v. Bronx-Lebanon Hosp., 533584
    • United States
    • New York Supreme Court Appellate Division
    • 3 February 2022
    ...on direct appeal, and are not subject to collateral attack in a plenary action" ( Aprile–Sci v. St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 673, 55 N.Y.S.3d 421 [2017] [internal citation omitted]; accord Matter of Rosa v. June Elec. Corp., 140 A.D.3d 1353, 1357, 34 N.Y.S.3d 654 [2......
  • Kavanaugh v. Kavanaugh, 703
    • United States
    • New York Supreme Court Appellate Division
    • 23 December 2021
    ...review because Neil never specifically advanced them before the motion court (see Aprile-Sci v. St. Raymond of Penyafort R.C. Church , 151 A.D.3d 671, 673, 55 N.Y.S.3d 421 [2d Dept. 2017] ; Seymour v. Northline Utils., LLC , 79 A.D.3d 1386, 1389, 914 N.Y.S.2d 322 [3d Dept. 2010] ; see gener......
  • Kavanaugh v. Kavanaugh, 2021-07352
    • United States
    • United States State Supreme Court (New York)
    • 23 December 2021
    ...review because Neil never specifically advanced them before the motion court (see Aprile-Sci v St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 673 [2d Dept 2017]; Seymour v Northline Utils., LLC, 79 A.D.3d 1386, 1389 [3d Dept 2010]; see generally Parochial Bus Sys. v Board of Educ. of......
  • Kavanaugh v. Kavanaugh, 703 CA 20-01024
    • United States
    • United States State Supreme Court (New York)
    • 23 December 2021
    ...review because Neil never specifically advanced them before the motion court (see Aprile-Sci v St. Raymond of Penyafort R.C. Church, 151 A.D.3d 671, 673 [2d Dept 2017]; Seymour v Northline Utils., LLC, 79 A.D.3d 1386, 1389 [3d Dept 2010]; see generally Parochial Bus Sys. v Board of Educ. of......
  • Request a trial to view additional results

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