Opinion
March 22, 1999
Appeal from the Supreme Court, Queens County (Polizzi, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Jamaica Water Supply Company (hereinafter Jamaica Water) moved for summary judgment on its third cross claim against the defendant TPK Construction Corp. (hereinafter TPK), based upon the alleged failure of TPK to obtain liability insurance covering, inter alia, Jamaica Water, as required by TPK's construction contract with the State of New York. In support of its motion, however, Jamaica Water failed to submit evidence in admissible form establishing that TPK failed to obtain such insurance. Nor did Jamaica Water establish that its potential liability arises out of activities covered by the contract (see, Ceron v. Rector, Church Wardens Vestry Members, 224 A.D.2d 475, 476). Thus, the Supreme Court properly denied Jamaica Water's motion (see, Ayotte v. Gervasio, 81 N.Y.2d 1062, 1063; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324).
S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.