BROPHY v. BROPHY

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Supreme Court, Appellate Division, First Department, New York.

Gemma BROPHY, Individually and as Mother and Guardian of Andrew Brophy, Plaintiff-Respondent, v. Bernard G. BROPHY, Defendant-Appellant.

Decided: March 30, 1999

SULLIVAN, J.P., LERNER, ANDRIAS and SAXE, JJ. Stephen C. Pascal, for Plaintiff-Respondent. Steven B. Ruchefsky, for Defendant-Appellant.

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 submission of an affirmation from his attorney in opposition to the motion was insufficient to defeat summary judgment (Zuckerman v. City of New York, 49 N.Y.2d 557, 562-563, 427 N.Y.S.2d 595, 404 N.E.2d 718).

MEMORANDUM DECISION.