ST. CLARE DEV. CORP. v. PORGES

Ordered that the order is affirmed insofar as appealed from, with costs.

The respondents established their prima facie entitlement to judgment as a matter of law with respect to the affirmative defenses, counterclaims, and third-party causes of action at issue. The only viable affirmative defenses and claims of the defendant/third-party plaintiffs were against the respondent St. Clare Development Corp. for breach of the limited warranty issued by it to them and for breach of the escrow agreement entered into between it and them. In opposition, the defendants/third-party plaintiffs failed to raise a triable issue of fact ( see Zuckerman v City of New York, 49 NY2d 557). Accordingly, the respondents were entitled to summary judgment dismissing the affirmative defenses, counterclaims, and third-party causes of action at issue.