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PELLEGRINI v. BROCK

65 A.D.3d 971 (2009)

885 N.Y.S.2d 413

MAX PELLEGRINI et al., Appellants, v. KELLY BROCK, Also Known as KELLY BROCK PELLEGRINI, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2009.

"On a motion for summary judgment, the court should accept as true the evidence submitted by the opposing party" (O'Sullivan v Presbyterian Hosp. in City of N.Y. at Columbia Presbyt. Med. Ctr., 217 A.D.2d 98, 101 [1995]). Here, defendant-respondent submitted evidence in admissible form which raised a triable issue of fact as to whether the money at issue was a gift or a loan, including, inter alia, an affidavit from a non-party who...

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