Sheftman v. Balfour Housing Corp.

The fifth-party defendant, by separate notice of motion, moves to dismiss the fifth-party complaint upon the grounds of (1) laches and (2) failure to state facts sufficient to constitute a cause of action.

The primary action is one to recover damages for personal injuries allegedly sustained when the water of the shower which plaintiff was then using “suddenly became sealdingly hot.” *469That action was commenced against the owner of the premises. Successively impleaded were the plumbing contractor, the supplier, the wholesaler and, finally, the manufacturer.

The motion to dismiss the complaint on…