Opinion
October 30, 1995
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the judgment is affirmed, with costs.
In moving for summary judgment, the respondents established prima facie that they possessed a first mortgage entitled to priority over any lien held by the plaintiff's decedent. We conclude that the plaintiff failed to submit admissible evidence indicating the existence of a vendor's lien, i.e., that the attorney-in-fact of the plaintiff's decedent did not receive the full purchase price for the property in question (see, 91 N.Y. Jur 2d, Real Property Sales and Exchanges, § 157). Because the plaintiff failed to submit sufficient evidence to raise a triable issue of fact, the Supreme Court properly granted the respondents' motion for summary judgment (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Sullivan, J.P., Miller, Copertino and Goldstein, JJ., concur.