Hammond v. Smith

I respectfully dissent. In my view, plaintiff’s deposition testimony raised triable issues of fact with respect to the existence of a partnership between the parties. Because that testimony was among defendant’s own submissions in support of his motion for summary judgment, I *1901conclude that defendant failed to meet his initial burden on the motion, and that Supreme Court erred in granting it (see Prince v O’Brien, 234 AD2d 12, 12 [1996]; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Bianchi v Midtown Reporting Serv., Inc., 103 AD3d 1261, 1261-1262 [2013]).

At his deposition,…