Higgins-Barber v Raffles Intl.

Higgins-Barber v Raffles Intl. 2006 NY Slip Op 09293 [35 AD3d 225] December 12, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

Kymberly Higgins-Barber, Plaintiff,
v
Raffles International et al., Defendants and Third-Party Plaintiffs-Appellants. Quality Enclosures, Inc., Third-Party Defendant-Respondent.

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Order, Supreme Court, New York County (Jane S. Solomon, J.), entered April 6, 2006, which granted the motion by third-party defendant for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

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 [*2]contributed in any way to the occurrence of the alleged accident (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Friedman, J.P., Sullivan, Nardelli, Catterson and McGuire, JJ.