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FOREMOST INS. CO. v. MOORE

103 A.D.2d 1042 (1984)

Foremost Insurance Company, Respondent, v. Valerie E. Moore, Appellant, et al., Defendants

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

July 13, 1984

Order unanimously reversed with costs, and motion denied, in accordance with the following memorandum: A question of fact exists concerning whether the motorcycle operated by Geisler was a "temporary substitute" motorcycle. Plaintiff, as the party moving for summary judgment, had the burden of presenting evidentiary facts in admissible form showing that there was no defense to its cause of action. Plaintiff failed to make this...

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