Ordered that the first order dated October 15, 2009, is affirmed insofar as appealed from; and it is further,
Ordered that the three remaining orders dated October 15, 2009, are affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondents. Upon granting leave to reargue, the Supreme Court properly adhered to its original determination denying the plaintiff's motion for leave to enter a default judgment. The plaintiff failed to demonstrate that the court overlooked or misapprehended a matter of fact or law in determining the prior motion ( see CPLR 2221 [d] [2]).
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint and denied the plaintiffs motion for summary judgment on the issue of liability ( see Zuckerman v City of New York, 49 NY2d 557). The defendant established its prima facie entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise a triable issue of fact.
The Supreme Court properly denied the plaintiff's motion to hold nonpartie s Barry J. Glickman and Jason Sbalcio in contempt. Since neither of the nonparties was personally served with the contempt motion, the court did not have jurisdiction over them ( see John Sexton Co. v Law Foods, 108 AD2d 785).
The plaintiff's remaining contentions are without merit.