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HALF HOLLOW ASSOCIATES, L. L. C. v. LBX EXCAVATING, INC.

258 A.D.2d 440 (1999)

682 N.Y.S.2d 918

HALF HOLLOW ASSOCIATES, L. L. C., Respondent, v. LBX EXCAVATING, INC., et al., Appellants.

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

Decided February 1, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion for partial summary judgment on the issue of liability since, after plaintiff made out a prima facie case, the defendants failed to present any genuine factual issue which would preclude summary relief (see, Zuckerman v City of New York, 49 N.Y.2d 557

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