Kolbe v. Projects & Joint Ventures International, Inc.

— Order unanimously affirmed with costs. Memorandum: A party opposing a motion for summary judgment must produce evidentiary proof in admissible form sufficient to require a trial of material questions of fact on which he rests his claim (Zuckerman v City of New York, 49 NY2d 557, 562). Defendant has failed to sustain its burden. Defendant’s allegations regarding an alleged oral agreement with Charles R. Will, Jr., do not constitute proof in admissible form. Oral declarations or secret agreements between a mortgagor and an assigning mortgagee made prior to *989the assignment are inadmissible…