Wallice v. Waterpointe at Oakdale Shores, Inc.

—In an action to recover a broker’s commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated February 25, 1997, which granted the motion of the defendant Fleet Bank for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

It is well settled that where, as here, a moving party has made a prima facie showing of its entitlement to summary judgment, the burden shifts to the opposing party to produce evidentiary proof in admissible form sufficient to establish the existence of…