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CHATHAM TOWERS, INC. v. CASTLE RESTORATION & CONSTR., INC.

4524, 651561/13.

153 A.D.3d 1201 (2017)

2017 NY Slip Op 06714

62 N.Y.S.3d 50

CHATHAM TOWERS, INC., Appellant, v. CASTLE RESTORATION & CONSTRUCTION, INC., et al., Respondents, et al., Defendants.

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

Decided September 28, 2017.

The motion court correctly rejected plaintiff's argument that defendants Castle Restoration & Construction, Inc., and Kemper System America, Inc. are liable for breach of contract and breach of warranty, respectively, on a theory of res ipsa loquitur. Res ipsa loquitur "permits the inference of negligence to be drawn from the circumstance of the occurrence" (Dermatossian v New York City Tr. Auth., 67...

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