N.Y. Court Denies Motion to Dismiss Window Manufacturer's Sales Agent

NEW YORK - A New York trial court on Sept. 11 denied a motion to dismiss a third-party construction defendant, saying it could not dismiss solely on the basis of affidavits claiming the company's role in the installation of allegedly defective windows was that of sales agent. Caldwell v. Two Columbus Avenue Condominium, No. 123568/02 (N.Y. Sup., N.Y. Cty.).

In April, New York Supreme Court Justice Marilyn G. Diamond denied a summary judgment motion by two third-party engineering firms who also contend they have no liability to parties defending personal injury and property damage claims brought by condominium owners (See …