TANE v. WHIPPLE-ALLEN CONSTR. CO., INC.


245 A.D.2d 1061 (1997)

667 N.Y.S.2d 587

Terry Tane, Respondent, v. Whipple-Allen Construction Co., Inc., Defendant, and Chadwick Bay Hotel Corporation, Doing Business as Sheraton Harborfront Inn, Appellant and Third-Party Plaintiff. Bekins Distribution Services Co. et al., Third-Party Defendants-Appellants. (Appeal No. 2.)

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

December 31, 1997


Order unanimously reversed on the law without costs and summary judgment against defendants and third-party defendants denied.

Memorandum:

Supreme Court erred in granting plaintiff summary judgment against defendants and third-party defendants based on the doctrine of res ipsa loquitur. Plaintiff did not move for summary judgment against third-party defendants on that ground and, more importantly, did not assert...

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