Davila v. Sleepy's, LLC

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered December 18, 2014, which granted the motions of defendant/third-party plaintiff Sleepy’s, LLC and third-party defendant Precise Transport, Inc. (Precise) for summary judgment dismissing the complaint and third-party complaint, unanimously modified, on the law, to deny the motions to the extent the complaint seeks damages for bodily or pecuniary injury, and otherwise affirmed, without costs.

Plaintiffs, who are members of the same family, allege that they sustained bedbug bites after a mattress they purchased from Sleepy’s was…