Opinion
Submitted April 20, 1999
June 1, 1999
In an action, inter alia, to recover the plaintiffs alleged one-half interest in certain bank accounts, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), entered March 27, 1998, which denied his motion for partial summary judgment.
Hagan Coury Associates, Brooklyn, N.Y. (William J. Coury of counsel), for appellant.
Kelly, Luglio Arcuri, LLP, Deer Park, N.Y. (Sheela M. Papol of counsel), for respondents.
WILLIAM D. FRIEDMANN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that triable issues of fact exist precluding summary judgment in this case. While the affidavits submitted by the defendants in opposition to the plaintiff's prima facie case for summary judgment are based on their alleged conversations with the decedent Mabel Coury, evidence excludable by CPLR 4519 may be considered to defeat a motion for summary judgment ( see, Phillips v. Kantor Co., 31 N.Y.2d 307; McEvoy v. Garcia, 114 A.D.2d 401; Tancredi v. Mannino, 75 A.D.2d 579).
The plaintiff's remaining contentions are without merit.