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MONY LIFE INSURANCE COMPANY v. ANGEL CORDERO

22 A.D.3d 815 (2005)

802 N.Y.S.2d 632

MONY LIFE INSURANCE COMPANY et al., Plaintiffs, v. ANGEL CORDERO, JR., Defendant and Third-Party Plaintiff-Respondent. NEAL E. HAYIAS, Third-Party Defendant-Appellant.

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

October 31, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

The third-party defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that his alleged breach of a fiduciary duty did not proximately cause any of the third-party plaintiff's alleged damages (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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