Opinion
May 11, 1987
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is affirmed, with costs.
The defendant's motion for summary judgment was properly granted since the plaintiff failed to set forth evidentiary facts sufficient to support his claim (see, Zuckerman v. City of New York, 49 N.Y.2d 557). Furthermore, the plaintiff's action is barred by laches because the plaintiff knew or should have known of the divorce and chose to do nothing for 15 years, and the defendant remarried in the belief that the divorce was valid (see, Krieger v. Krieger, 25 N.Y.2d 364; Matter of Guido, 81 A.D.2d 614). Bracken, J.P., Brown, Rubin and Spatt, JJ., concur.