BIELAT v. MONTROSE


272 A.D.2d 251 (2000)

707 N.Y.S.2d 636

JAY S. BIELAT, Appellant, v. BARRY MONTROSE et al., Respondents.

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

Decided May 25, 2000.


Plaintiff alleged that he had entered into a law partnership with defendants, but the record is devoid of documentary evidence supporting his claim. While, generally, the court will accept the evidence of the party opposing summary judgment as true (see, Weiss v Garfield, 21 A.D.2d 156, 158), where, as here, the evidence is utterly inconsistent with the factual recitation of the party in opposition, summary judgment will be granted...

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