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O'NEILL v. ITHACA COLLEGE

56 A.D.3d 869 (2008)

866 N.Y.S.2d 809

ELLIE GRACE O'NEILL et al., Plaintiffs, v. ITHACA COLLEGE, Defendant and Third-Party Plaintiff-Respondent-Appellant, DUSTIN ADAMS, Third-Party Defendant-Appellant-Respondent, and MICHAEL O'CONNELL, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

November 6, 2008.

Cardona, P.J.

On October 22, 2004, plaintiff Ellie Grace O'Neill (hereinafter plaintiff), at that time a 19-year-old college sophomore, sustained serious injuries when she fell from a third-floor balcony attached to a student apartment in a residential building on defendant's campus after she stepped outside "to get some fresh air." At the time of the accident, plaintiff was attending a birthday party for third-party defendant Simon Folkard, one of the five students...

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