Opinion
Submitted December 21, 1999
February 17, 2000
In an action to recover damages for breach of contract, the defendant third-party plaintiff Shari Lyn Rosen appeals from so much of the order of the Supreme Court, Nassau County (Burke, J.), dated May 28, 1998, as denied her motion for summary judgment on the causes of action of the third-party complaint asserted against the third-party defendants Merchants Business Men's Mutual Insurance Company and Nu-Main of New York, Inc.
Kufper Rosen Herz, LLP, New York, N.Y. (Scott A. Korenbaum of counsel), for defendant third-party plaintiff-appellant.
Lawrence N. Rogak, LLC, Oceanside, N.Y. (Renee A. Breitner of counsel), for third-party defendants-respondents.
GUY JAMES MANGANO, P.J., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant third-party plaintiff failed to establish her entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Perna v. Ellner, 262 A.D.2d 620; Revelo v. Weithorn, 253 A.D.2d 869). Therefore, her motion for summary judgment was properly denied, regardless of the sufficiency of the respondents' opposing papers (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851).