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  5. 215 A.D.2d 382 (1995)
 

MATTER OF ESTATE OF DUFFY

215 A.D.2d 382 (1995)

625 N.Y.S.2d 657

In the Matter of The Estate of Helen Duffy, Deceased. James J. Duffy, Appellant; Lloyd N. Merrill, Respondent. (Matter No. 1.) (P_G> James J. Duffy, Appellant, v. Walter E. Simmonds et al., Respondents, et al., Defendants. (Matter No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 1, 1995

Ordered that the order and decree is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs payable by the appellant personally.

To obtain summary judgment the movant must make a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issue of fact" (Alvarez v Prospect Hosp.

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