ROSA v. HUDSON CLARKLIFT


269 A.D.2d 266 (2000)

703 N.Y.S.2d 122

EDUARDO ROSA et al., Appellants, v. MID HUDSON CLARKLIFT, Respondent and Third-Party Plaintiff-Respondent. ATLANTIC AND PACIFIC BEDDING COMPANY, Doing Business as HILLSIDE BEDDING COMPANY, Third-Party Defendant-Respondent.

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

Decided February 17, 2000.


In the absence of evidence of a routine or systematic maintenance contract between defendant, an independent repairer/ contractor, and plaintiff's employer, third-party defendant Hillside, plaintiff has failed to establish that defendant had any duty to install the safety devices at issue, or to inspect, or to warn plaintiff's employer of any purported defect (see, Giustino v Hollymatic Corp., 202 A.D.2d 161). It follows that there...

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