New York Court of Appeals April 1, 1980 (Zuckerman v. City of New York)

lead-opinion

OPINION OF THE COURT

Jones, J.

We repeat today a precept frequently stated — where the moving party has demonstrated its entitlement to summary judgment, the party opposing the motion must demonstrate by admissible evidence the existence of a factual issue requiring a trial of the action or tender an acceptable excuse for his failure so to do, and the submission of a hearsay