Opinion
August 17, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motions are granted, the third-party complaint is dismissed insofar as asserted against the appellants, and the third-party action against the remaining third-party defendant is severed.
The appellants met their initial burden of coming forward with admissible evidence reciting the material facts and showing that the third-party complaint has no merit insofar as asserted against them (see, GTF Mktg. v. Colonial Aluminum Sales, 66 N.Y.2d 965). However, in response, the third-party plaintiffs have not met their burden of demonstrating, by admissible evidence, that there exists a factual issue requiring a trial of the action as to the appellants and have not presented an acceptable excuse for their failure to do so (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The Supreme Court therefore erred when it denied the appellants' respective motions for summary judgment.
Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.