Gramatan National Bank & Trust Co. v. Penney

Memorandum: Upon this motion for summary judgment the burden is upon the plaintiff to submit convincing proof that the answer is sham and that there is no real defense or issue of fact to be determined. (Stuyvesant Credit Union v. Manufacturers Trust Co., 239 App. Div. 187, 189). The defendant’s answer and her affidavits, while in some respects unsatisfactory, raise issues as to the capacity in which the defendant signed the note and contract and as to plaintiff’s knowledge or notice of the same, also as to the relationship between the plaintiff and the Holland Furnace Company, and whether it…