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.