Opinion
December 9, 1985
Appeal from the Supreme Court, Kings County (Scholnick, J.).
Order reversed, on the law, with costs, motion granted, and complaint dismissed as against defendant Felger.
Since defendant Felger demonstrated his entitlement to summary judgment, it was incumbent upon the plaintiffs to establish the existence of a triable issue of fact by admissible evidence or to proffer a valid excuse for the failure to do so (see, Zuckerman v City of New York, 49 N.Y.2d 557, 560). Because the plaintiffs submitted only an affirmation from their attorney, alleging in conclusory terms that triable issues of fact existed, the motion for summary judgment should have been granted. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.