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.