Niki Marie Cleary vs. Reliance Fuel Oil Associates, Inc., No. 194 SSM 25 (N.Y. 2005)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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2 No. 194 SSM 25

Niki Marie Cleary, &c., et al., Appellants, v. Reliance Fuel Oil Associates, Inc., et al., Respondents.

Submitted by Bryan P. Kujawski, for appellants.

Submitted by Tomas B. Lim, for respondent Bock Water Heaters, Inc.

Submitted by George W. Flynn, for respondent Honeywell International Inc.

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 raise a triable issue of fact in opposition to defendants' motions.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Decided November 17, 2005

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