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FLYNN v. TOYS "R" US, INC.

31 A.D.3d 603 (2006)

819 N.Y.S.2d 537

CHERYL FLYNN, Plaintiff, v. TOYS "R" US, INC., Defendant and Third-Party Plaintiff-Respondent. CINTAS CORPORATION, Third-Party Defendant-Appellant.

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

July 18, 2006.

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

As the proponent of the motion for summary judgment, the third-party defendant, Cintas Corporation (hereinafter Cintas), met its initial burden of demonstrating, prima facie, its entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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