Chatham Towers, Inc. v. Castle Restoration & Construction, Inc.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered March 21, 2017, which, inter alia, denied plaintiff’s motion for summary judgment on liability and granted defendant Kemper System America, Inc.’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

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…