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LUFTMAN v. FASHION 21, INC.

107761/06

31 Misc.3d 274 (2010)

916 N.Y.S.2d 895

MELISSA LUFTMAN, Plaintiff, v. FASHION 21, INC., et al., Defendants.

Supreme Court, New York County.

Decided December 24, 2010.

Attorney(s) appearing for the Case

Richard P. Neimark & Associates, LLP, New City, for plaintiff. Hoey, King, Toker & Epstein, New York City, for Fashion 21, Inc., and another, defendants. Kim & Patterson, P.C., Bayside, for The Original, Inc., defendant.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

In this product liability action, plaintiff Melissa Luftman alleged that a skirt that was sold by defendant retailers, Fashion 21, Inc. and Forever 21 Retail, Inc. (collectively Forever 21), and distributed by defendant The Original, Inc. was ignited by a cigarette, causing her to sustain second- and third-degree burns. The action was tried before a jury, which rendered a verdict on

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