Opinion
No. 2006-03578.
June 5, 2007.
In an action to recover damages for personal injuries, etc., the second third-party defendant appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated March 7, 2006, which denied his motion for summary judgment dismissing the second third-party complaint.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for appellants.
Mitchell Dranow, Mineola, N.Y., for respondent.
Before: Rivera, J.P., Goldstein, Dillon and Carni, JJ.
Ordered that the order is affirmed, with costs.
Viewing the evidence in the light most favorable to the defendant third-party plaintiff/second third-party plaintiff, Congregation Bais Yisroel (hereinafter the Congregation), as the nonmoving party ( see Ogletree v Rush Realty Assoc., LLC, 29 AD3d 875), the second third-party defendant, Herman Leimzider, failed to establish his entitlement to summary judgment dismissing the second third-party complaint seeking common-law indemnification and contribution ( see Winegrad v New York Univ. Med. Ctr 64 NY2d 851, 853). Leimzider's failure to make a prim facie showing of entitlement to judgment as a matter of law required denial of his motion, regardless of the sufficiency of the Congregation's opposition papers ( id.; see Baillargeon v Kings County Waterproofing Corp., 29 AD3d 838, 839).
Leimzider's remaining contentions are without merit.