Opinion
July 13, 1998
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The defendant's proof was sufficient to make out a prima facie case that there was no meeting of the minds as to the sale of her residence and that the plaintiff therefore had not earned a commission. The plaintiff failed to produce evidentiary proof in admissible form establishing the existence of a material question of fact. Thus, the defendant was entitled to summary judgment ( see, Hill Realty Servs. v. Cummings, 244 A.D.2d 525; see also, Taibi v. American Banknote Co., 135 A.D.2d 810; see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
Ritter, J. P., Santucci, Joy and Florio, JJ., concur.