YAVKINA v. NEW YORK CITY POLICE DEPARTMENT


60 A.D.3d 669 (2009)

874 N.Y.S.2d 235

ANTONINA YAVKINA et al., Respondents, v. NEW YORK CITY POLICE DEPARTMENT, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. FEDERAL EXPRESS CORPORATION, Third-Party Defendant-Appellant.

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

Decided March 3, 2009.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the third-party defendant's motion for summary judgment dismissing the third-party complaint, as the third-party defendant failed to submit evidence sufficient to demonstrate its prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; Adams v Lemberg Enters., Inc.,

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