Matter of Goodman v. Estate of Anna Druck
Decision Date | 10 October 2006 |
Docket Number | 2005-04420. |
Citation | 2006 NY Slip Op 07353,33 A.D.3d 702,821 N.Y.S.2d 918 |
Parties | In the Matter of STEPHANIE H. GOODMAN et al., Appellants, v. ESTATE OF ANNA DRUCK, Respondent. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
After the respondent made out its prima facie case for summary judgment dismissing the petitioners' claim pursuant to SCPA article 18, the petitioners failed to come forward with evidentiary proof demonstrating the existence of a triable issue of fact. Accordingly, the respondent was properly awarded summary judgment dismissing the petition to the extent that it sought reimbursement of certain moneys (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; Zuckerman v City of New York, 49 NY2d 557 [1980]; Matter of Casessa, 298 AD2d 518, 519 [2002]).
The petitioners' remaining contentions are without merit.
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