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PALJEVIC v. WFC TOWER D COMPANY

279 A.D.2d 463 (2001)

719 N.Y.S.2d 582

REDZEP PALJEVIC et al., Respondents, v. WFC TOWER D COMPANY, Respondent, and MERRILL LYNCH & CO., INC., Sued Herein as MERRILL LYNCH & COMPANY, INC., Doing Business as MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant and Third-Party Plaintiff-Appellant. ISS CLEANING SERVICES GROUP, INC., et al., Third-Party Defendants-Respondents.

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

Decided January 8, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiffs.

Contrary to the appellant's contention, the Supreme Court correctly determined that a triable issue of fact was raised in opposition to its prima facie showing of entitlement to summary judgment dismissing the complaint and all cross claims and counterclaims insofar as asserted against it (see, Zuckerman v City of New York, 49 N.Y.2d 557

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