I recently opposed a motion for summary judgment on the grounds that opposing party’s attorney lacked any knowledge of facts and thus the party failed to meet their burden of proof. Here is an excerpt from my brief:
“It is well settled that on a motion for summary judgment, an affidavit of counsel who demonstrates no knowledge of the underlying facts is without probative value.” Kimmel, v. Schon, 2013 WL 5500351 (Sup. Ct., Kings Co. 2013). (summary judgment denied where plaintiffs’ counsel’s affirmation was silent regarding basis of knowledge of underlying facts).
If you have any legal questions or need help with a summary judgment motion, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.