Opinion
January 26, 1998
Appeal from the Supreme Court, Suffolk County (Seidell, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the motion which was for summary judgment is granted.
The appellants made out a prima facie case as to their entitlement to summary judgment on their claims for tuition reimbursement. The burden therefore shifted to the respondents to show, by admissible evidentiary proof, the existence of a factual question necessitating a trial. The respondents' proof, consisting solely of their attorney's affirmation, which was based upon only hypotheses and suppositions and lacked any admissible evidentiary material, was insufficient to meet that burden. Thus, the branch of the motion which was for summary judgment should have been granted ( see, Three Vil. Cent. School Dist. v. Brentwood Union Free School Dist., 167 A.D.2d 385; see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).
Rosenblatt, J.P., Altman, Florio and McGinity, JJ., concur.