C.N. v. Pat Corsetti, Inc.
| Citation | 132 N.Y.S.3d 863 (Mem),188 A.D.3d 1231 |
| Decision Date | 25 November 2020 |
| Docket Number | Index No. 32370/15,2018-04935 |
| Parties | C.N., etc., appellant, v. PAT CORSETTI, INC., defendant, Playcore Wisconsin, Inc., et al., respondents (and a third party action). |
| Court | New York Supreme Court Appellate Division |
188 A.D.3d 1231
132 N.Y.S.3d 863 (Mem)
C.N., etc., appellant,
v.
PAT CORSETTI, INC., defendant,
Playcore Wisconsin, Inc., et al., respondents
(and a third party action).
2018-04935
Index No. 32370/15
Supreme Court, Appellate Division, Second Department, New York.
Argued - September 10, 2020
November 25, 2020
Harmon, Linder & Rogowsky (Mitchell Dranow, Sea Cliff, N.Y. [Eric Mauslof], of counsel), for appellant.
McAndrew, Conboy & Prisco LLP, Melville, N.Y. (Mary C. Azzaretto of counsel), for respondent Playcore Wisconsin, Inc.
Henderson & Brennan, White Plains, N.Y. (Lauren J. Demase of counsel), for respondent Village of Spring Valley.
REINALDO E. RIVERA, J.P., MARK C. DILLON, JOSEPH J. MALTESE, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated March 20, 2018. The order, insofar as appealed from, granted the separate motions of the defendant Playcore Wisconsin, Inc., and the defendant Village of Spring Valley for summary judgment dismissing the complaint insofar as asserted against each of them.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The plaintiff, an infant, commenced this action by her father to recover damages for personal injuries she alleged she sustained when she fell from the top of playground equipment manufactured by the defendant Playcore Wisconsin, Inc. (hereinafter Playcore), and installed in a playground owned and maintained by the defendant Village of Spring Valley. At the time of the incident, the plaintiff was 2 years old; she was at the playground with her mother who was present when she fell. Although the mother testified at her deposition that she did not see the posted signs, it is undisputed that the Village had posted signs at that area of the playground indicating that the playground equipment at issue was for children ranging in age from 5 to 12. The playground had other signs designating another area of playground
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