Opinion
June 13, 1994
Appeal from the Supreme Court, Nassau County (Christ, J.).
Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment declaring that the plaintiff is not the owner of 1% of the common stock of the defendant BMW (N) Holding Corp.
After the defendants made a prima facie showing of entitlement to judgment in their favor as a matter of law, it was incumbent upon the plaintiff to come forward with evidence sufficient to raise a triable issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562; Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404). The plaintiff failed to do so. The Supreme Court therefore properly granted the defendants' motion.
We note, however, that since this is, in part, a declaratory judgment action, a judgment should be entered granting declaratory relief in favor of the defendant BMW (N) Holding Corp. (see, Lanza v. Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901).
We have examined the plaintiff's remaining contentions and find them to be without merit. Lawrence, J.P., Copertino, Altman and Goldstein, JJ., concur.