Opinion
February 27, 1995
Appeal from the Supreme Court, Suffolk County (Werner, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
To grant summary judgment, it must clearly appear that no material, triable issue of fact is presented (Daliendo v Johnson, 147 A.D.2d 312). The summary judgment movant must establish his or her cause of action or defense sufficiently to warrant a court's granting judgment in its favor as a matter of law. On the other hand, the opposing party must produce evidentiary proof in admissible form sufficient to require a trial of material issues of fact (see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966).
Review of the record in this case demonstrates that the award of summary judgment in favor of the defendant Hildegarde Thompson was proper (see, Rebecchi v. Whitmore, 172 A.D.2d 600). Balletta, J.P., Thompson, Joy and Florio, JJ., concur.