Opinion
2002-01691
Argued January 21, 2003.
February 13, 2003.
In an action, inter alia, to recover damages for negligence, gross negligence, breach of contract, and breach of implied warranty, the defendants, Bristol-Halsey, Inc., and V A Ironworks, separately appeal from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered January 11, 2002, as denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.
Michael F. X. Manning, Melville, N.Y. (John P. Humphreys of counsel), for appellant V A Ironworks.
White, Quinlan Staley, LLP, Garden City, N.Y. (Lorin A. Donnelly of counsel), for appellant Bristol-Halsey, Inc.
Matthew D. Frieman, Long Grove, Ill. (Eileen M. Maloney, pro hac vice, of counsel) for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court properly denied the appellants' respective motions for summary judgment dismissing the complaint insofar as asserted against them. The appellants failed to submit sufficient evidence to establish their entitlement to judgment as a matter of law (see Zuckerman v. City of New York, 49 N.Y.2d 557; Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851).
The appellants' remaining contentions are unpreserved for appellate review.
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.