Ordered that the order is reversed insofar as appealed from, on the law, with costs, and upon reargument, that branch of the plaintiffs' motion which was for summary judgment on their first cause of action is denied and that branch of the defendant's cross motion which was for summary judgment dismissing the first cause of action is granted, and the first cause of action is dismissed.
The defendant established its entitlement to judgment as a matter of law on the first cause of action on the ground that the policy limits had been exhausted ( see New York Presbyt. Hosp. v. Allstate Ins. Co., 12 AD3d 579; see also Pantaleone v Viewmore Homes, 225 AD2d 599). The plaintiffs failed to raise a triable issue of fact.
The plaintiffs' remaining contentions are without merit.