Brophy v. Brophy — 259 A.D.2d 443

Majority

p. 443

Gemma Brophy, Individually and as Mother and Guardian of Andrew Brophy, Respondent, v Bernard G. Brophy, Appellant.

[688 NYS2d 133]

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered July 13, 1998, which granted plaintiff’s motion for partial summary judgment for maintenance arrears, unanimously affirmed, without costs.

Plaintiff made a prima facie showing that she was entitled to contingent alimony, and therefore arrears. Defendant’s submis

p. 444

sion of an affirmation from his attorney in opposition to the motion was insufficient to defeat summary judgment (Zuckerman v City of New York, 49 NY2d 557 , 562-563). Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.

Cases cited

Zuckerman v. City of New York 49 NY2d 557 N.Y. 1980-04-01 at 562-563 p. 444