S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.

Since the Appellate Division reversed and granted summary judgment to defendant-respondent (defendant), in deciding whether such action was warranted, we must *341determine if triable issues of fact exist which preclude such disposition.

The statutory standard for the supporting proof required on a motion for summary judgment is set forth in CPLR 3212 (subd. [b]). In brief, the motion must be supported by an affidavit of a person having knowledge of the facts, together with a copy of the pleadings and other available proof. If the cause of action or defense be established sufficiently to warrant…