DAVILA v. SLEEPY'S, LLC

1437, 350738/08.

142 A.D.3d 851 (2016)

37 N.Y.S.3d 525

YASMIN DAVILA et al., Appellants, v. SLEEPY'S, LLC, Respondent/Third-Party Plaintiff-Respondent. PRECISE TRANSPORT, INC., Third-Party Defendant-Respondent.

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

Decided September 22, 2016.


Plaintiffs, who are members of the same family, allege that they sustained bedbug bites after a mattress they purchased from Sleepy's was delivered to their home by Precise. The evidence submitted by plaintiffs in opposition, including deposition testimony and an affidavit of an entomologist, raises triable issues as to whether negligent actions or omissions of Sleepy's or Precise resulted in the introduction of bedbugs into plaintiffs' home, and whether such bugs caused...

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