December 28, 2018

Hearsay on a summary judgment motion.

Practice point:  Hearsay, without more, is insufficient to defeat the motion.

Student note:  A declaration against interest is not an exception to the hearsay rule if the declarant was unaware of the adverse nature of the statement.

Nava-Juarez v. Mosholu Fieldston Realty, LLC, NY Slip Op 08744 (1st Dep't December 20, 2018)

Here is the decision.