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O'NEILL v. ITHACA COLLEGE

61 A.D.3d 1252 (2009)

876 N.Y.S.2d 784

ELLIE GRACE O'NEILL et al., Plaintiffs, v. ITHACA COLLEGE, Defendant and Third-Party Plaintiff-Appellant. SIMON FOLKARD, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 23, 2009.

Cardona, P.J.

The underlying facts are more fully set forth in a prior appeal in this matter (56 A.D.3d 869 [2008]). Briefly stated, on October 22, 2004, plaintiff Ellie Grace O'Neill (hereinafter plaintiff), then a 19-year-old college sophomore, attended a surprise party for third-party defendant Simon Folkard. The party was held at a campus apartment owned by defendant which Folkard shared with four other roommates. Plaintiff...

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