Opinion
February 14, 1995
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.
The third-party complaint alleged that the third-party defendants had prepared a real estate appraisal in a negligent manner. In support of their motion for summary judgment, the third-party defendants submitted evidentiary proof in admissible form, including, inter alia, a specific and factual affidavit from the third-party defendant LeBlanc, the actual appraiser, which made "a prima facie showing of entitlement to judgment by eliminating the material issues of fact from the case" (Kelly v St. Peter's Hospice, 160 A.D.2d 1123, 1124; Zuckerman v. City of New York, 49 N.Y.2d 557, 562). It was then incumbent upon the opposing parties to produce evidentiary proof in admissible form demonstrating that there existed a genuine triable issue of fact (Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065). The third-party plaintiff and the plaintiff utterly failed in this regard (see, Pappalardo v. Meisel, 112 A.D.2d 277, 278). Accordingly, summary judgment must be granted to the third-party defendants dismissing the third-party complaint. Sullivan, J.P., Rosenblatt, Joy and Altman, JJ., concur.