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 ). 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.