Burke v. Hibernia Bank

In these two actions appellants, as successors in interest of Thomas Gian and Michael Kane, seek a determination of their asserted rights in The Hibernia Bank. Appellants would fashion a sword of factual issues to pierce respondents’ summary judgments, but the affidavit upon which they rely consists of inadmissible evidence, while respondents’ affidavits state facts sufficient to sustain the judgments.

We analyze in the first instance the complaints; in the second, respondents’ affidavits in support of the summary judgments.

The complaints in these appeals are almost identical; both are framed…