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KOENIG v. FURNITURE INTRIGUE, INC.

155 A.D.2d 243 (1989)

Cynthia Koenig et al., Appellants, v. Furniture Intrigue, Inc., et al., Respondents Furniture Intrigue, Inc., Third-Party Plaintiff-Respondent, v. H'a'Fele-America Co. et al., Third-Party Defendants-Respondents Cynthia Koenig et al., Respondents, v. Furniture Intrigue, Inc., et al., Respondents Furniture Intrigue, Inc., Third-Party Plaintiff-Respondent, v. H'a'Fele-America Co., Third-Party Defendant-Appellant, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 2, 1989

Movant has failed to meet its burden of submitting evidentiary proof sufficient to establish its defenses as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). On this record it cannot be said that the lift mechanism was not manufactured, sold or distributed by H'a'Fele or that material modifications were made by others.

Order of said court entered on or about October 3, 1988, denying plaintiffs...

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