Brophy v. Brophy

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered July 13, 1998, which granted plaintiff’s motion for partial summary judgment for maintenance arrears, unanimously affirmed, without costs.

Plaintiff made a prima facie showing that she was entitled to contingent alimony, and therefore arrears. Defendant’s submis*444sion of an affirmation from his attorney in opposition to the motion was insufficient to defeat summary judgment (Zuckerman v City of New York, 49 NY2d 557, 562-563). Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.