Delgadillo v. City of Socorro

OPINION

SOSA, Senior Justice.

This appeal arises from a summary judgment granted the third-party defendant, Donald W. Timberman (Timberman), under NMSA 1978, Section 37-1-27 against the third-party plaintiff, the City of Socorro (Socorro). We affirm.

The sole question on appeal is whether a gas line replacement and relocation constitutes a “physical improvement to real property” within the meaning of NMSA 1978, Section 37-1-27.

FACTS:

On April 21, 1969, Socorro entered into a contract with Timberman to complete a utility system construction project in Socorro, New Mexico. The work consisted of…