MONY LIFE INSURANCE COMPANY v. ANGEL CORDERO

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

The third-party defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that his alleged breach of a fiduciary duty did not proximately cause any of the third-party plaintiff's alleged damages ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Rodriguez v. Investors Ins. Co. of Am., 201 AD2d 355, 356). In opposition, the third-party plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court erred in denying the third-party defendant's motion for summary judgment dismissing the third-party complaint.