Opinion
December 7, 1998
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the first counterclaim is dismissed.
On its motion for partial summary judgment dismissing the defendants' first counterclaim, inter alia, for a determination that they have title to certain property by adverse possession, the plaintiff submitted evidence demonstrating prima facie that the defendants did not possess the disputed property for the prescriptive period ( see, RPAPL 521; Colnes v. Colligan, 183 A.D.2d 693; City of Tonawanda v. Ellicott Cr. Homeowners Assn., 86 A.D.2d 118). The defendants' equivocal and unsubstantiated allegations in opposition were insufficient to raise a triable issue of fact. Accordingly, the plaintiff is entitled to summary judgment dismissing the first counterclaim ( see generally, Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338, 342; Morowitz v. Naughton, 150 A.D.2d 536).
Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.