Coury v. Arcuri

—In an action, inter alia, to recover the plaintiffs alleged one-half interest in certain bank accounts, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), entered March 27, 1998, which denied his motion for partial summary judgment.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that triable issues of fact exist precluding summary judgment in this case. While the affidavits submitted by the defendants in opposition to the plaintiffs prima facie case for summary judgment are based on their alleged conversations with the…