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SERAO v. LOBRUTTO

283 A.D.2d 632 (2001)

725 N.Y.S.2d 229

KATHLEEN SERAO et al., Appellants, v. ANTHONY G. LOBRUTTO, Respondent.

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

Decided May 29, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment as he submitted admissible evidence demonstrating his entitlement to judgment as a matter of law, and the plaintiffs failed to come forward with competent evidence to raise an issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955;

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