| Pellegrini v Brock |
| 2009 NY Slip Op 06721 [65 AD3d 971] |
| September 29, 2009 |
| Appellate Division, First Department |
| Max Pellegrini et al., Appellants, v Kelly Brock, AlsoKnown as Kelly Brock Pellegrini, Respondent, et al., Defendant. |
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Order, Supreme Court, New York County (Harold B. Beeler, J.), entered January 12, 2009,which, insofar as appealed from as limited by the briefs, in this action where plaintiffs seek, interalia, a declaratory judgment that the monies they transferred to defendant Enrico Pellegrini anddefendant-respondent constituted a loan rather than a gift, denied plaintiffs' motion for summaryjudgment, unanimously affirmed, with costs.
"On a motion for summary judgment, the court should accept as true the evidence submittedby the opposing party" (O'Sullivan v Presbyterian Hosp. in City of N.Y. at Columbia Presbyt.Med. Ctr., 217 AD2d 98, 101 [1995]). Here, defendant-respondent submitted evidence inadmissible form which raised a triable issue of fact as to whether the money at issue was a gift ora loan, including, inter alia, an affidavit from a nonparty who said that plaintiff RobertaPellegrini had told her that plaintiffs had given defendants money to buy a house.
We have considered plaintiffs' remaining arguments and find them unavailing.Concur—Mazzarelli, J.P., Saxe, Moskowitz, Renwick and Richter, JJ.