Bharat v. RPI Industries, Inc.

Order, Supreme Court, New York County (Louis B. York, J.), entered March 6, 2012, which denied the motion of defendants RPI Industries, Inc. and Regal-Pinnacle MFC (collectively RPI) for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

RPI failed to establish entitlement to judgment as a matter of law in this action where plaintiff was injured when a stone shelf manufactured and installed by RPI fell on her right arm, fracturing her wrist. Although plaintiff was not a party to RPI’s contract with defendant M. Tucker & Co., she…