HIGGINS-BARBER v. RAFFLES INTERNATIONAL


35 A.D.3d 225 (2006)

826 N.Y.S.2d 238

KYMBERLY HIGGINS-BARBER, Plaintiff, v. RAFFLES INTERNATIONAL et al., Defendants and Third-Party Plaintiffs-Appellants. QUALITY ENCLOSURES, INC., Third-Party Defendant-Respondent.

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

Decided December 12, 2006.


Third-party defendant made an uncontroverted showing that it neither installed nor maintained the shower door or its component parts, including the roller assembly. The sole submission by third-party plaintiffs in opposition was the affidavit of the construction manager during the renovation of the hotel in the mid-1990s, when the shower door was purportedly installed. This failed to raise an issue of fact as to whether perceived defects years earlier had contributed in any...

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