Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the third-party defendant's cross motion which was for summary judgment dismissing the third cause of action in the third-party complaint to recover damages for failure to procure insurance and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the third cause of action in the third-party complaint is reinstated.
Neither the third-party plaintiff nor the third-party defendant established prima facie entitlement to summary judgment on the third cause of action in the third-party complaint ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 324), as there are triable issues of fact concerning whether the third-party defendant procured the contractually-mandated insurance coverage ( see Hajdari v. 437 Madison Ave. Fee Assoc., 293 AD2d 360). Contrary to the determination of the Supreme Court, such issue was not academic, notwithstanding dismissal of the underlying complaint ( see Hajdari v. 437 Madison Ave. Fee Assoc., supra; Keelan v. Sivan, 234 AD2d 516).
The third-party plaintiff's remaining contention is without merit.