David Feige v Nokia Mobile Phones

Feige v Nokia Mobile Phones 2004 NY Slip Op 01351 [5 AD3d 348] March 1, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

David Feige et al., Appellants,
v
Nokia Mobile Phones, Inc., Respondent.

—In an action to recover damages for breach of warranty, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated November 14, 2002, which granted the defendant's motion for summary judgment dismissing the amended complaint.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). In opposition to the motion, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court correctly granted the defendant's motion for summary judgment dismissing the amended complaint.

The plaintiffs' remaining contentions are without merit. S. Miller, J.P., H. Miller, Crane and Rivera, JJ., concur.