Granata v Sub-Zero Freezer Co., Inc.
2007 NY Slip Op 06832 [43 AD3d 996]
September 18, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Theresa Granata, Appellant,
v
Sub-Zero Freezer Company, Inc., et al., Respondents, et al., Defendant.

[*1] Asher & Associates, P.C., New York, N.Y. (Robert J. Poblete of counsel), for appellant.

Foley & Lardner LLP, New York, N.Y. (Todd C. Norbitz and Jeremy L. Wallison of counsel), for respondent Sub-Zero Freezer Company, Inc.

Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondent Staten Island Appliance Company.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Giacobbe, J.), dated March 27, 2006, which granted the respective motions of the defendants Sub-Zero Freezer Company, Inc., and Staten Island Appliance Company for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

The respondents demonstrated their respective prima facie entitlement to summary judgment dismissing the complaint insofar as asserted against them (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Mastro, J.P., Covello, McCarthy and Dickerson, JJ., concur. [See 12 Misc 3d 1155(A), 2006 NY Slip Op 50901(U) (2006).]