CPLR R. 3212 generally

CPLR R. 3212 Motion for summary judgment

Pellegrini v Brock, 2009 NY Slip Op 06721 (App. Div., 1st, 2009)

"On a motion for summary judgment, the court should accept as true the evidence submitted by the opposing party" (O'Sullivan v Presbyterian Hosp. in City of N.Y. at Columbia Presbyt. Med. Ctr.,
217 AD2d 98, 101 [1995]). Here, defendant-respondent submitted evidence
in admissible form which raised a triable issue of fact as to whether
the money at issue was a gift or a loan, including, inter alia, an
affidavit from a non-party who said that plaintiff Roberta Pellegrini
had told her that plaintiffs had given defendants money to buy a house.

The bold is mine.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: