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RAMPHAL v. ZANDALASINI

12 A.D.3d 493 (2004)

784 N.Y.S.2d 627

RAJESH RAMPHAL et al., Respondents, v. GEORGE ZANDALASINI et al., Appellants. (And a Third-Party Action.)

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

November 15, 2004.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The appellants failed to meet their burden of establishing a prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). They argued that the construction performed by the third-party defendant, Breezy Point Cooperative, Inc., was the sole proximate cause of

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