Buompastore v Danfords Port Jefferson, L.L.C.
2006 NY Slip Op 09520 [35 AD3d 277]
December 19, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 14, 2007


Deborah Buompastore, Respondent,
v
Danfords Port Jefferson, L.L.C., et al., Appellants, et al., Defendant. (And a Third-Party Action.)

[*1]Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered December 2, 2005, which, to the extent appealed from, denied the motion by defendants Danfords Port Jefferson and Oaktree Capital Management for summary judgment, unanimously affirmed, without costs.

There are questions of fact as to the marina owners' responsibility for an allegedly defective ladder that injured plaintiff while she was a passenger on a docked boat, specifically, whether they actually installed the ladder, and whether it was defective at the time of the accident (see Schnur v City of New York, 298 AD2d 332 [2002]; Ohanessian v Chase Manhattan Realty Leasing Corp., 193 AD2d 567 [1993]). Concur—Saxe, J.P., Sullivan, Nardelli, Sweeny and Malone, JJ.