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Keybank, USA, NA v. Government Employees Insurance

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2007
44 A.D.3d 829 (N.Y. App. Div. 2007)

Opinion

No. 2006-10673.

October 16, 2007.

In an action, inter alia, for contractual and common-law indemnification, the plaintiff appeals from an order of the Supreme Court, Kings County (Ambrosio, J.), dated May 24, 2006, which denied its motion for summary judgment, and granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint.

Smith Mazure Director Wilkins Young Yagerman, P.C., New York, N.Y. (Joel M. Simon of counsel), for appellant.

Law Firm of Connors Connors, P.C., Staten Island, N.Y. (David S. Heller and Michael J. Caulfield of counsel), for respondents.

Before: Miller, J.P., Goldstein, Skelos and Balkin, JJ., concur.


Ordered that the order is affirmed, with costs.

In support of that branch of their cross motion which was for summary judgment dismissing the complaint, the defendants made a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v Prospect Hosp., 68 NY2d 320; see also Chapel v Mitchell, 84 NY2d 345; National City Bank v New York Cent. Mut. Fire Ins. Co., 6 AD3d 1116; Goldberg v American Home Assur. Co., 80 AD2d 409). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court correctly denied the plaintiffs motion for summary judgment and correctly granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint.

The plaintiff's remaining contentions are without merit.


Summaries of

Keybank, USA, NA v. Government Employees Insurance

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2007
44 A.D.3d 829 (N.Y. App. Div. 2007)
Case details for

Keybank, USA, NA v. Government Employees Insurance

Case Details

Full title:KEYBANK, USA, NA, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 16, 2007

Citations

44 A.D.3d 829 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7822
842 N.Y.S.2d 921

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