MYLES v. SPRING VALLEY MARKETPLACE, LLC

861, 156118/12.

141 A.D.3d 425 (2016)

35 N.Y.S.3d 66

GERALDINE MYLES, Respondent, v. SPRING VALLEY MARKETPLACE, LLC, Defendants, and CHRISTMAS TREE SHOPS, INC., Respondent/Third-Party Plaintiff-Respondent. MCCUE CORPORATION, Third-Party Defendant-Appellant.

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

Decided July 5, 2016.


Plaintiff alleges that on June 7, 2011, around dusk, she tripped when the tip of her right foot hit a metal bar on the ground that formed part of a shopping cart corral in the parking lot of defendant CTS' store, located in a shopping center owned by defendant Spring Valley Marketplace (SVM). CTS brought a third-party action against McCue, which designed and sold it the corral, seeking contribution, common-law indemnification and...

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