Opinion
December 16, 1998
Appeal from the Surrogate's Court, Nassau County (Radigan, S.).
Ordered that the order is reversed, on the law, with costs payable by the respondent Fleet Trust Company, and the motion is denied.
To obtain summary judgment, the movant must make a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of any material issue of fact ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). The evidence presented by Fleet Trust Company did not demonstrate the absence of a material issue of fact as to whether it mismanaged the trust accounts. Therefore, it was not entitled to partial summary judgment.
Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.