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COURY v. ARCURI

262 A.D.2d 268 (1999)

689 N.Y.S.2d 648

JOSEPH COURY, Appellant, v. CATHERINE ARCURI et al., Respondents.

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

Decided June 1, 1999.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that triable issues of fact exist precluding summary judgment in this case. While the affidavits submitted by the defendants in opposition to the plaintiff's prima facie case for summary judgment are based on their alleged conversations with the decedent Mabel Coury, evidence excludable by CPLR 4519 may be considered to defeat a motion for summary judgment (see, Phillips v Kantor &...

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