Posadas
v.
Harmany Construction Company

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentFeb 2, 2004
770 N.Y.S.2d 872 (N.Y. App. Div. 2004)
770 N.Y.S.2d 8724 A.D.3d 350

2002-08923.

Decided February 2, 2004.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered August 9, 2002, which granted the motion of the defendant Papitto Construction Company for summary judgment dismissing the complaint insofar as asserted against it.

Brand, Brand Burke, New York, N.Y. (Ariela Zimmerman Brand of counsel), for appellants.

Gary A. Cusano, Tarrytown, N.Y. (Michael J. Latini of counsel), for respondent.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, NANCY E. SMITH and HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The respondent made a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the respondent's motion for summary judgment.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.