CANCELENO v. JOHNSTON


264 A.D.2d 405 (1999)

694 N.Y.S.2d 125

JOSEPH G. CANCELENO et al., Appellants, v. WILLIAM J. JOHNSTON et al., Respondents, et al., Defendants. (Action No. 1.) WILLIAM J. JOHNSTON et al., Plaintiffs, v. DINA CANCELENO et al., Defendants. (Action No. 2.) DINA CANCELENO, Appellant, v. WILLIAM J. JOHNSTON et al., Respondents. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 9, 1999.


Ordered that the order is affirmed, with one bill of costs.

The respondents' submissions established their prima facie entitlement to judgment as a matter of law dismissing the complaints and all cross claims in Actions No. 1 and 3 insofar as asserted against them (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Zuckerman v City of New York, 49 N.Y.2d 557). The respondents demonstrated...

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