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MASSIMINO v. TARGET CORPORATION

2010-03253.

82 A.D.3d 941 (2011)

918 N.Y.S.2d 734

CHARLES MASSIMINO et al., Appellants, v. TARGET CORPORATION, Respondent, and KIMCO REALTY CORPORATION, Defendant/Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided March 15, 2011.

Ordered that the order entered March 10, 2010, is affirmed insofar as appealed from, with one bill of costs payable to the respondents.

Contrary to the plaintiffs' contention, upon reargument, the Supreme Court properly adhered to its original determination granting the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against each of them (see CPLR 2221 [d] [2]; Marchese v Skenderi, 

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