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LLEWELLYN v. NEW YORK DISTRICT COUNCIL OF CARPENTERS PENSION FUND

288 A.D.2d 272 (2001)

732 N.Y.S.2d 887

GLORIA LLEWELLYN, Appellant, v. NEW YORK DISTRICT COUNCIL OF CARPENTERS PENSION FUND et al., Respondents. (And a Third-Party Action.)

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

Decided November 13, 2001.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On their respective motions for summary judgment, the respondents met their burden of demonstrating their entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320). Since the plaintiff failed to raise a triable issue of fact in response...

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