Opinion
Argued March 20, 2001
April 5, 2001.
In an action pursuant to RPAPL article 15 to determine title to real property, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Emerson, J.), entered January 7, 2000, which granted the defendants' motion for summary judgment dismissing the complaint as untimely, and denied their cross motion for summary judgment.
Reilly, Like, Tenety Ambrosino, Babylon, N.Y. (Frank N. Ambrosino and Daniel G. Bishop of counsel), for appellants.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Theodore D. Sklar of counsel), for respondents.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendants' motion for summary judgment. The defendants made a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of a material issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557). In opposing the motion, the plaintiffs improperly made belated assertions raising feigned issues of fact in an attempt to avoid the consequences of a dismissal (see, Vento v. City of New York, 262 A.D.2d 309; Fontana v. Fortunoff, 246 A.D.2d 626; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256). Consequently, the denial of the plaintiffs' cross motion was also proper.