41 A.D.3d 437 835 N.Y.S.2d 913

Israel Lichtenstein et al., Plaintiffs, v Congregation Bais Yisroel, Defendant and Third-Party Plaintiff, and Second *438Third-Party Plaintiff-Respondent et al., Defendants and Third-Party Defendants. Herman Leimzider, Second Third-Party Defendant-Appellant.

[835 NYS2d 913]

In an action to recover damages for personal injuries, etc., the second third-party defendant appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated March 7, 2006, which denied his motion for summary judgment dismissing the second third-party complaint.

Ordered that the order is affirmed, with costs.

Viewing the evidence in the light most favorable to the defendant third-party plaintiff/ second third-party plaintiff, Congregation Bais Yisroel (hereinafter the Congregation), as the nonmoving party (see Ogletree v Rush Realty Assoc., LLC, 29 AD3d 875 [2006]), the second third-party defendant, Herman Leimzider, failed to establish his entitlement to summary judgment dismissing the second third-party complaint seeking common-law indemni fication and contribution (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Leimzider’s failure to make a prima facie showing of entitlement to judgment as a matter of law required denial of his motion, regardless of the sufficiency of the Congregation’s opposition papers (id.; see Baillargeon v Kings County Waterproofing Corp., 29 AD3d 838, 839 [2006]).

Leimzider’s remaining contentions are without merit. Rivera, J.P., Goldstein, Dillon and Carni, JJ., concur.

Lichtenstein v. Congregation Bais Yisroel
41 A.D.3d 437 835 N.Y.S.2d 913

Case Details

Name
Lichtenstein v. Congregation Bais Yisroel
Decision Date
Jun 5, 2007
Citations

41 A.D.3d 437

835 N.Y.S.2d 913

Jurisdiction
New York

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