Rosa v. Clarklift

—Order, Supreme Court, Bronx County (Lottie Wilkins, J.), entered July 10, 1998, which granted the motion of defendant Mid Hudson Clarklift for summary judgment dismissing the complaint, and granted the cross motion by third-party defendant Hillside Bedding Company for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

In the absence of evidence of a routine or systematic maintenance contract between defendant, an independent repairer/ contractor, and plaintiffs employer, third-party defendant Hillside, plaintiff has failed to establish that defendant…