Opinion
May 30, 1995
Appeal from the Supreme Court, Westchester County (Burrows, J.).
Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The defendants having established their entitlement to summary judgment, the burden shifted to the plaintiffs to establish the existence of material issues of fact by evidentiary proof in admissible form (see, Woods v Zik Realty Corp., 172 A.D.2d 606). The plaintiffs' conclusory allegation that the mere placement of an air pump on the side of a building near a walkway constituted negligence is insufficient to meet that burden. Thus, the defendants were properly granted summary judgment dismissing the complaint. Sullivan, J.P., Miller, Santucci and Altman, JJ., concur.