Opinion
July 22, 1996
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the respondent, the branch of the appellant's motion which was for summary judgment dismissing the complaint insofar as it is asserted against it is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.
In moving for summary judgment, the defendant Sani-Wash, Inc. established the lack of merit of the plaintiff's cause of action as against it ( see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966; Alvarez v. Prospect Hosp., 68 N.Y.2d 320). Consequently, since this lack of merit was not effectively rebutted, the complaint is dismissed as against the defendant Sani-Wash, Inc. Rosenblatt, J.P., Ritter, Copertino and Joy, JJ., concur.