Opinion
August 7, 1989
Appeal from the Supreme Court, Orange County (Patsalos, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Once the defendant Cecil Gameray made a prima facie showing that he was entitled to summary judgment, the burden shifted to the plaintiff to produce sufficient evidentiary proof in admissible form to show that there indeed existed genuine triable issues of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). This he failed to do. Bald, conclusory allegations, even if believable, are not enough to defeat a motion for summary judgment (see, Mayer v. McBrunigan Constr. Corp., 105 A.D.2d 774). Moreover, under the circumstances of this case, the mere hope by the plaintiff that he might be able to uncover some evidence during the discovery process was insufficient to deny summary judgment to the defendant Gameray (see, CPLR 3212 [f]; Kennerly v. Campbell Chain Co., 133 A.D.2d 669). Bracken, J.P., Kunzeman, Sullivan and Balletta, JJ., concur.