Opinion
May 3, 1999
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the Supreme Court did not err in granting that branch of the motion of the defendants third-party plaintiffs which was for reargument of the plaintiff's motion for summary judgment on the complaint and to dismiss the counterclaims of the defendants third-party plaintiffs and, upon reargument, denying the motion and reinstating the counterclaims. The defendants third-party plaintiffs have met their burden of demonstrating the existence of issues of fact warranting a trial (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 559; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067), especially where the facts surrounding the transactions at issue are within the exclusive possession of the plaintiff and the third-party defendants (see, CPLR 3212 [f]; ATN Marts v. Ireland, 195 A.D.2d 959, 960; Silverman v. Arrow Linen Supply Co., 131 A.D.2d 459, 460).
Santucci, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.