HALF HOLLOW ASSOCIATES v. LBX EXCAVATING

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs motion for partial summary judgment on the issue of liability since, after plaintiff made out a prima facie case, the defendants failed to present any genuine factual issue which would preclude summary relief ( see, Zuckerman v. City of New York, 49 N.Y.2d 557).

Joy, J. P., Krausman, Florio and Luciano, JJ., concur.