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FIRST FAMILY MORTGAGE CORP. OF FLORIDA v. LUBLINER

113 A.D.2d 868 (1985)

First Family Mortgage Corporation of Florida, Respondent, v. Irving Lubliner et al., Appellants, et al., Defendants

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

September 23, 1985

Order affirmed, insofar as appealed from, with costs.

In order to successfully oppose a motion for summary judgment, a party must set forth facts in evidentiary form raising a triable issue of fact (CPLR 3212 [b]; Albouyeh v County of Suffolk, 96 A.D.2d 543, affd 62 N.Y.2d 681). In the instant case, appellants opposed the motion, stating in an affidavit that shortly after they moved...

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