Opinion
May 1, 1995
Appeal from the Surrogate's Court, Westchester County (Emanuelli, S.).
Ordered that the order and decree is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs payable by the appellant personally.
To obtain summary judgment the movant must make a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issue of fact" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). Here, the appellant did not make such a showing (see, Zuckerman v City of New York, 49 N.Y.2d 557). Moreover, the Surrogate's Court properly determined that Walter and Anne Simmonds were vested with title in fee to the real property located at 33-37 Lattin Drive, Yonkers, New York.
We have reviewed the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Santucci, Joy and Friedmann, JJ., concur.