Majority
—In an action to foreclose a
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiffs motion for summary judgment. The plaintiff failed to submit sufficient evidence in admissible form to establish his entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557 ; Ferguson v Gassman, 229 AD2d 464 ; Sullivan v Locastro, 178 AD2d 523 ).
Contrary to the plaintiffs contentions, the Supreme Court properly granted the cross motion of the defendant James Dockery for summary judgment. The defendant Dockery established a prima facie case for summary judgment. The plaintiffs evidence in opposition was insufficient to defeat the motion (see Alvarez v Prospect Hosp., 68 NY2d 320 ; Zuckerman v City of New York, supra). S. Miller, J.P., Schmidt, Adams and Townes, JJ., concur.
Cases cited
- Zuckerman v. City of New York 49 NY2d 557 p. 408
- Ferguson v. Gassman 229 AD2d 464 p. 408
- Sullivan v. Locastro 178 AD2d 523 p. 408
- Alvarez v. Prospect Hospital 68 NY2d 320 p. 408