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Attorney Stephen R. Macho Obtains Affirmance of Award of Summary Judgment

Posted: January 25, 2021

Attorney Stephen R. Macho was successful in obtaining a dismissal on behalf of our client.  The action sought to recover damages for personal injury and wrongful death stemming from the plaintiff-decedent’s fall while residing at Convent Avenue Family Living Facility from the top bed of a bunk bed that did not contain guardrails. Our client, Lodging Kit Company, was a distribution company that ordered the bunk bed involved in the plaintiff-decedent’s fall. Upon completion of discovery we moved for summary judgment, arguing that our client could not be held liable as a matter of law.  The lower Court granted our motion and dismissed the case and the plaintiff appealed. Following, oral argument, the Appellate Division, First Department affirmed the lower Court’s decision, finding that the Federal Regulations cited by the plaintiff do not apply to our client, resulting in dismissal of all claims.