Opinion
June 16, 1997
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the order is affirmed, with costs.
By submitting evidence demonstrating that he was not involved in the automobile accident which is the subject of this action, the third-party defendant established a prima facie right to judgment as a matter of law. The defendants third-party plaintiffs failed to submit evidence raising a genuine issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562), and, instead, relied upon evidence that was based on speculation, conjecture, and surmise. Accordingly, the Supreme Court properly granted the third-party defendant's motion (see, Miller v. JWP Forest Elec. Corp., 232 A.D.2d 615; Abbenante v Tyree Co., 228 A.D.2d 529; All Indus. Real Estate Corp. v. Northgate Plaza, 186 A.D.2d 103).
Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.