SHAWY v. BIELEFELD

The motions were properly granted since the affidavit of plaintiff's attorney, which asserts that certain signatures on relevant documents were not genuine, has no probative value ( Israelson v. Rubin, 20 A.D.2d 668, aff'd 14 N.Y.2d 887), and the affidavit of the deceased insured's sister, which does not address the genuineness of the insured's signature on the 1984 controlling designation of his wife as the sole primary beneficiary under the subject policy, should be deemed to admit the genuineness of that signature ( Kuehne Nagel v. Baiden, 36 N.Y.2d 539, 544).

Concur — Milonas, J.P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.