Opinion
Argued April 27, 2001.
July 16, 2001.
In an action to recover damages for personal injuries, etc., the fourthparty defendant River Avenue Contracting Corporation appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Belen, J.), as denied that branch of its cross motion which was for summary judgment dismissing all claims and cross claims insofar as asserted against it.
Baxter Smith, Jericho, N.Y. (Kimberley A. Carpenter of counsel), for fourth-party defendant-appellant.
Gladstein Isaac, New York, N.Y. (Allen H. Isaac, Brian J. Isaac, and Robert Boydstun of counsel), for defendant third-party defendant fourth-party plaintiff-respondent.
DeCicco, Gibbons McNamara, P.C., New York, N.Y. (Joseph T. Gibbons, Rhett D. Weires, and Andrew Zotos of counsel), for defendant third-party defendant-respondent Manbru Construction Corp.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion which was for summary judgment dismissing all claims and cross claims insofar as asserted against the appellant is granted, and the action against the defendant and third-party defendant is severed.
After River Avenue Contracting Corporation (hereinafter River Avenue) established a prima facie case of entitlement to judgment as a matter of law, the respondents failed to raise a triable issue of fact. The Supreme Court incorrectly found that the subsequent acts by the other contractors altering the work done by River Avenue were not sufficient to attentuate its conduct from the ultimate injury (see, Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308, 315; Martinez v. Lazaroff, 48 N.Y.2d 819; Mack v. Altmans Stage Lighting Co., 98 A.D.2d 468).
SANTUCCI, J.P., FLORIO, SCHMIDT and ADAMS, JJ., concur.