April 12, 2012

Summary judgment motions.


Practice point: Summary judgment is not warranted where credible evidence reveals differing versions of the accident.

Student note: While hearsay statements may be used to oppose the motion, such evidence is insufficient to warrant the motion's denial where it is the only evidence submitted in opposition.

Case: Taylor v. One Bryant Park, LLC, NY Slip Op 02427 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Construing a guaranty.