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Cited "see"
Stalker v. Goodyear Tire and Rubber Co.
Co., 59 NY2d at 108 ; see Cleary v Reliance Fuel Oil Assoc., Inc., 17 AD3d 503, 506 [2005], affd 5 NY3d 859 [2005]; Putnick v H.M.C.
Retrieving the full opinion text from the archive…
Niki Marie Cleary Et Al., Appellants,
v.
Reliance Fuel Oil Associates, Inc., Et Al., Respondents
v.
Reliance Fuel Oil Associates, Inc., Et Al., Respondents
New York Court of Appeals.
Nov 17, 2005.
APPEARANCES OF COUNSEL, Kujawski & Dellicarpini, Deer Park (Bryan R Kujawski of counsel), for appellants., LAbbate, Balkan, Colavita & Contini, L.L.R, New York City (Tomas B. him of counsel), for Bock Water Heaters, Inc., respondent., Flynn, Gaskins & Bennett, Minneapolis, Minnesota (George W. Flynn of counsel), for Honeywell International Inc., respondent.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur.
Cited by 6 opinions | Published
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division majority that defendants Bock Water Heaters, Inc. and Honeywell, Inc. made a prima facie showing of entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against them. Plaintiffs have failed to raise a triable issue of fact in opposition to defendants’ motions.
[*861] Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.