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Matter of Bebirian

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1997
241 A.D.2d 549 (N.Y. App. Div. 1997)

Opinion

July 28, 1997

Appeal from the Surrogate's Court, Suffolk County (Prudenti, S.).


Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellants personally.

It is well settled that a party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any material issues of fact (see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Zuckerman v. New York City, 49 N.Y.2d 557, 562). Here, as triable issues of fact exist, summary judgment was properly denied.

O'Brien, J. P., Joy, Goldstein and Luciano, JJ., concur.


Summaries of

Matter of Bebirian

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1997
241 A.D.2d 549 (N.Y. App. Div. 1997)
Case details for

Matter of Bebirian

Case Details

Full title:In the Matter of the Estate of PARIZ BEBIRIAN, Deceased. NABIL N. GHALY et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 28, 1997

Citations

241 A.D.2d 549 (N.Y. App. Div. 1997)
663 N.Y.S.2d 833

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