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100 MOTOR PARKWAY ASSOCIATES, LLC v. AMERICAN MOTORISTS INSURANCE COMPANY

45 A.D.3d 550 (2007)

844 N.Y.S.2d 723

100 MOTOR PARKWAY ASSOCIATES, LLC, et al., Appellants, v. AMERICAN MOTORISTS INSURANCE COMPANY et al., Respondents, et al., Defendant.

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

Decided November 7, 2007.

Ordered that the order is affirmed, with costs.

Summary judgment should only be granted if the pleadings, together with the affidavits, show that there are no triable issues of fact (see CPLR 3212; Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]; Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Failure to tender sufficient evidence to eliminate any triable issues of...

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