Opinion
2002-07570
Argued September 25, 2003.
October 27, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Covello, J.), dated June 27, 2002, as granted the motion of the defendant third-party plaintiff for summary judgment dismissing the complaint.
Rubenstein Rynecki (Pollack, Pollack, Issac De Cicco, New York, N.Y. [Brian J. Issac] of counsel), for appellants.
Epstein, Grammatico, Gann Frankini, Woodbury, N.Y. (Judith S. Gann of counsel), for defendant third-party plaintiff-respondent.
Torino Bernstein, P.C., Mineola, N.Y. (Christine M. Capitolo of counsel), for third-party defendant-respondent.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The defendant third-party plaintiff established its prima facie entitlement to judgment as a matter of law ( see Espinal v. Melville Snow Contrs., 98 N.Y.2d 136; Hoffman v. Second Beach Hills Corp., 304 A.D.2d 716). In opposition, the plaintiffs failed to raise a triable issue of fact.
In light of our determination, we need not reach the plaintiffs' remaining contention.
ALTMAN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.