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GEORGE G. SEMERJIAN, ET AL., APPELLANTS, v. COUNTY OF SUFFOLK, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment. The defendants made a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of a material issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557). In opposing the motion, the plaintiffs improperly made belated assertions raising feigned issues of fact in an attempt to avoid the consequences of a dismissal (see, Vento v. City of New York, 262 A.D.2d 309; Fontana v. Fortunoff, 246 A.D.2d 626; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256). Consequently, the denial of the plaintiffs' cross motion was also proper.

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SEMERJIAN v. COUNTY OF SUFFOLK
(Apr 5, 2001)