The following papers, numbered 1 to 23, were read in connection with Defendants Pat Corsetti, Inc. [hereinafter "Corsetti"] PlayCore Wisconsin [hereinafter "PlayCore"], The Village of Spring Valley [hereinafter "Village"] and Third Party Defendant A&D Construction Services, Inc. [hereinafter "A&D"] respective motions for summary judgment pursuant to CPLR 3212:Notice of Motion/Affirmation/Affidavit(Payne)/Exhibits(A-I)/Memorandum of Law 1-4Affirmation in Opposition/Affidavit(Schachter)/Exhibits(A-C) 5-6Reply Affirmation 7Notice of Motion/Affirmation in Support/Exhibits(A-B) 8-9Affirmation in Opposition/Affidavit(Schachter)/Exhibits(A-C) 10-11Reply Affirmation 12Notice of Motion/Affirmation in Support/Exhibits(A-O) 13-14Affirmation in Opposition/Affidavit(Schachter)/Exhibits(A-C) 15-16Conditional Affirmation in Opposition 17Reply Affirmation 18Notice of Motion/Affirmation in Support/Exhibits(A-K) 19-20Affirmation in Opposition/Affidavit(Schachter)/Exhibits(A-C) 21-22Reply Affirmation 23DECISION AND ORDER
*1 Upon the foregoing papers, it is ORDERED that these motions are disposed of as follows: This action arises from an accident which occurred at Babbin Court Park in Spring Valley, NY. Plaintiff C.N. [hereinafter "C.N."], who was almost three years of age at the time of the accident, sustained a fracture to her left forearm when she fell off a piece of playground equipment known as an “Astrorail Climber” [hereinafter "Astrorail"]. C.N. was allegedly positioning herself at the top of the Astrorail, preparing to slide down it, when she lost her balance and fell to the ground. C.N’s mother accompanied her to the park that day and was not able to catch her daughter in time to prevent her fall. Plaintiffs now allege causes of action for negligence, breach of express warranty, breach of implied warranty and premises liability. Plaintiffs seek damages for the medical expenses incurred as a result of this accident. Now, each Defendant in this action has moved separately for summary judgment. The Court will address each Defendant’s motion for summary judgment in turn.“As we have stated frequently, the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless of the sufficiency of the opposing papers. Once this showing has been made, however, the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action.” Alvarez v. Prospect Hosp., 68 NY2d 320, 324 [1986][internal citations omitted].Village Motion for Summary JudgmentBabbin Court Park is a public park owned by the Village. The Village made the decision to purchase the subject playground equipment, including the Astrorail. In support of its motion,
