Opinion
March 21, 1994
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
It is well settled that the summary judgment movant must establish his or her defense or cause of action sufficiently to warrant granting summary judgment in his or her favor. The party opposing the motion must produce evidentiary proof in admissible form sufficient to require a trial of material issues of fact (see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966). Further, to award summary judgment, it must clearly appear that no material triable issue of fact is presented (see, Daliendo v. Johnson, 147 A.D.2d 312, 317). Contrary to the plaintiffs' contention, we find that the defendants properly filed a notice of pendency to protect their interest in the subject property (see, 5303 Realty Corp. v. O Y Equity Co., 64 N.Y.2d 313, 322; see also, Doar v Kozick, 87 A.D.2d 603, 604). Accordingly, the court correctly determined that no material triable issue of fact was presented and the award of summary judgment was properly made. Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.