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HERSH v. BUSMAN

80 A.D.2d 843 (1981)

Benjamin B. Hersh, Appellant, v. Joseph Busman et al., Respondents

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

March 9, 1981

Order affirmed, with $50 costs and disbursements.

"It is incumbent upon a [plaintiff] who opposes a motion for summary judgment to assemble, lay bare and reveal his proofs, in order to show that the matters set up in his [complaint] are real and are capable of being established upon a trial" (Di Sabato v Soffes, 9 A.D.2d 297, 301). "[O]nly the existence of a bona fide issue raised by evidentiary facts and not one based on...

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