Attorney Kevin Kitson of White Plains tells The Associated Press that the case of his client, David Jimenez (hih-MAN'-ez ), is scheduled for trial in January in an Orange County court.
Kitson says Jimenez prayed to the crucifix outside St. Patrick's Church in Newburgh after his wife was diagnosed with ovarian cancer. When she recovered, he showed his thanks by volunteering to clean the cross.
In May 2010, the crucifix fell on him, crushing his right leg. It was later amputated.
He's suing the church for $3 million.
The church says it's not liable for the accident.