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ETEX APPAREL, INC. v. TRACTOR INTERNATIONAL CORP.

4893, 601301/08.

83 A.D.3d 587 (2011)

922 N.Y.S.2d 315

ETEX APPAREL, INC., Respondent, v. TRACTOR INTERNATIONAL CORP., Defendant, and HDT HOLDINGS CORP. et al., Appellants.

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

Decided April 26, 2011.

Defendants-appellants satisfied their prima facie burden of demonstrating their entitlement to judgment as a matter of law. In opposition, plaintiff failed to raise a triable issue of fact (see Nassau County v Richard Dattner Architect, P.C., 57 A.D.3d 494 [2008]). Even if the evidence is viewed in a light most favorable to plaintiff, at most, it shows that, among other things, HDT and defendant Tractor International Corp. had common...

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