SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
July 28, 2009
AARON W. MORALES, APPELLANT,
CORAM MATERIALS CORP., RESPONDENT, ET AL., DEFENDANTS.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated May 15, 2008, as granted that branch of the renewed motion of the defendant Coram Materials Corp. which was for summary judgment dismissing the complaint insofar as asserted against it.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PETER B. SKELOS, J.P., STEVEN W. FISHER, JOHN M. LEVENTHAL and PLUMMER E. LOTT, JJ.
(Index No. 19996/03)
DECISION & ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Although the defendant Coram Materials Corp. moved for summary judgment dismissing the complaint insofar as asserted against it based only on the General Obligations Law, upon our authority to search the record (see CPLR 3212[b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430) and for the reasons stated in our decision and order on the companion appeal (see Morales v Coram Materials Corp.,AD3d [Appellate Division Docket No. 2007-00314], decided herewith), we affirm the dismissal of the complaint insofar as asserted against Coram Materials Corp.
In light of the foregoing determination, the parties' remaining contentions have been rendered academic.
SKELOS, J.P., FISHER, LEVENTHAL and LOTT, JJ., concur.
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