Hersh v. Busman

Appeal by plaintiff from an order of the Supreme Court, Westchester County, dated January 3, 1980, which granted defendants’ motion for summary judgment and dismissed the complaint on the ground it is bárred by the Statute of Limitations. Order affirmed, with $50 costs and disbursements. “It is incumbent upon a [plaintiff] who opposes a motion for summary judgment to assemble, lay bare and reveal his proofs, in order to show that the matters set up in his [complaint] are real and are capable of being established upon a trial” (Di Sabato v Soffes, 9 AD2d 297, 301). “[0]nly the existence of a…