Butler v. Rafferty

—Mercure, J.P.

Appeals (1) from an order of the Supreme Court (Malone, Jr., J.), entered August 22, 2000 in Albany County, which, inter alia, granted defendant Brian F. Rafferty’s motion for summary judgment dismissing the complaint against him, and (2) from an order of said court, entered October 20, 2000 in Albany County, which denied plaintiff’s motion for reconsideration.

Plaintiff, by her parents, commenced this action to recover for injuries she sustained on November 3, 1995 when she fell from the top bunk of a homemade bunk bed affixed to a bedroom wall in the residence of defendant…