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Hearsay Can Not Be Sole Basis for Denial of Summary Judgment Motion

The First Department explained that, while hearsay can be submitted in opposition to a summary judgment motion, it can not be the sole basis for denying the motion:

“A party opposing summary judgment may proffer hearsay evidence, but such proof may not be the sole factual basis for denying summary judgment” … . * * * …[D]efendant’s affidavit relies only on hearsay evidence … . The documentary evidence is to the contrary. Andron v Libby, 2014 NY Slip Op 06155, 1st Dept 9-11-14

 

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