Shepard Oil Co. v. Ryan

Appeal from an order of the Fulton County Court, entered April 28, 1977, which denied plaintiffs motion for summary judgment. After issue was joined and a bill of particulars served in an action for goods sold and delivered, plaintiff moved for summary judgment in the sum of $220.44. Defendant did not submit any papers in opposition. The motion was denied. Plaintiff contends that mere oral argument of counsel, unsupported by affidavits or other evidence, cannot defeat a motion for summary judgment where the supporting papers show a prima facie entitlement to such relief. We agree. In…