SHEPARD OIL CO., INC. v. RYAN


62 A.D.2d 1074 (1978)

Shepard Oil Company, Inc., Appellant, v. Marion Ryan, Doing Business as Sunny's, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 6, 1978


After issue was joined and a bill of particulars served in an action for goods sold and delivered, plaintiff moved for summary judgment in the sum of $220.44. Defendant did not submit any papers in opposition. The motion was denied. Plaintiff contends that mere oral argument of counsel, unsupported by affidavits or other evidence, cannot defeat a motion for summary judgment where the supporting papers show a prima facie entitlement to such relief. We agree. In Holdridge...

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