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MATTER OF CASESSA

298 A.D.2d 518 (2002)

748 N.Y.S.2d 515

In the Matter of the Estate of ANTHONY CASESSA, Also Known as ANTHONY F. CASESSA, Deceased. DOREEN G. CASESSA, Respondent; JOHN F. CASESSA, Appellant.

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

Decided October 21, 2002.

Ordered that the order is affirmed, with costs.

After the petitioner made out her prima facie case for summary judgment dismissing the appellant's claim pursuant to SCPA article 18, the claimant failed to come forward with evidentiary proof showing the existence of a triable issue of fact. Accordingly, the petitioner was properly granted summary judgment dismissing the appellant's claim (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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