Smith v. Pathmark Stores, Inc.

*760The plaintiff met his burden in moving for summary judgment by establishing, prima facie, that he was the designated beneficiary under a Pathmark 401k Savings Plan (hereinafter the Plan) maintained by his former wife, now deceased (hereinafter the decedent), as an employee of the defendant Pathmark Stores, Inc., formerly known as Supermarkets General Corporation (hereinafter Pathmark) (see Storozynski v Storozynski, 10 AD3d 419 [2004]). In opposition, the appellant, the estate of the decedent (hereinafter the Estate), failed to raise a triable issue of fact.

Contrary to the Estate’s…