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MOSS v. MARYMOUNT MANHATTAN COLL.

Nos. 159291/16, 595223/17. Appeal No. 15456. Case No. 2021-01389.

203 A.D.3d 473 (2022)

160 N.Y.S.3d 860

2022 NY Slip Op 01423

Maryann Moss, Respondent, v. Marymount Manhattan College, Appellant/Third-Party Plaintiff-Appellant. Foliot Furniture Inc., Doing Business as "Meubles Foliot Inc./Foliot Furniture Inc.," et al., Third-Party Defendants-Respondents.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Biedermann Hoenig Semprevivo, PC, New York ( Meishin Riccardulli of counsel), for appellant.

Pollack Pollack Isaac & DeCicco, LLP ( Brian J. Isaac of counsel), for Maryann Moss, respondent.

Haworth Barber & Gerstman, LLC, New York ( Scott Haworth of counsel), for Foliot Furniture, Inc., Foliot Furniture Pacific Inc., and Foliot USA Holding Inc., respondents.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

Defendant failed to establish prima facie that it was not negligent in connection with the injuries plaintiff sustained when she was climbing the ladder connected to a loft bed in her daughter's dorm room and the ladder swung out, causing her to fall (see Chapman v City of New York, 139 A.D.3d 507 [1st Dept 2016]). Defendant did not adequately address plaintiff's allegations that it had created the defective condition of the ladder...

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