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MARKELLA CONTRACTING CORP. v. J & K PAINTING CORP.

37 A.D.3d 779 (2007)

829 N.Y.S.2d 908

MARKELLA CONTRACTING CORP. et al., Appellants, v. J & K PAINTING CORP. et al., Respondents.

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

Decided February 27, 2007.

Ordered that the order is affirmed, with one bill of costs.

The defendants made a prima facie showing that defendant Gulf Insurance Company (hereinafter Gulf) was entitled to summary judgment dismissing the complaint insofar as asserted against it (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). In opposition thereto, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted...

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