Niki Marie Cleary v Reliance Fuel Oil Associates, Inc.

Cleary v Reliance Fuel Oil Assoc., Inc. 2005 NY Slip Op 08769 [5 NY3d 859] November 17, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 25, 2006

[*1] Niki Marie Cleary et al., Appellants,
v
Reliance Fuel Oil Associates, Inc., et al., Respondents.

Decided November 17, 2005

Cleary v Reliance Fuel Oil Assoc., Inc., 17 AD3d 503, affirmed.

APPEARANCES OF COUNSEL

Kujawski & Dellicarpini, Deer Park (Bryan P. Kujawski of counsel), for appellants.

L'Abbate, Balkan, Colavita & Contini, L.L.P., New York City (Tomas B. Lim of counsel), for Bock Water Heaters, Inc., respondent.

Flynn, Gaskins & Bennett, Minneapolis, Minnesota (George W. Flynn of counsel), for Honeywell International Inc., respondent.

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 [*2]raise a triable issue of fact in opposition to defendants' motions.

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.