Tucciarello v. Ironwil Associates

—Judgment unanimously affirmed with costs. Memorandum: The jury’s award of damages to plaintiffs does not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]; Suarez v City of New York, 186 AD2d 415).

Supreme Court properly granted summary judgment to fourth-party defendant Wilmorite, Inc. (Wilmorite) and dismissed the fourth-party complaint. Wilmorite met its burden of establishing its defense "sufficiently to warrant the court as a matter of law in directing judgment” in its favor (CPLR 3212 [b]) by demonstrating that it issued no instructions prohibiting the…