What is the evidentiary proof supporting a motion for summary dismissal of a claim against defendant on the grounds that the Defendant failed to return an unclaimed amount of money to plaintiff?
"New York", United States of America
The following excerpt is from Warren v. City of Poughkeepsie, 115 N.Y.S.3d 619, 66 Misc.3d 538 (N.Y. City Ct. 2019):
Defendant's argument that the case should be summarily dismissed on the grounds that the money was left unclaimed by plaintiff in excess of six (6) months is also unsupported by the evidentiary proof in defendant's motion, as well as controlling case law. Moreno v. New York, 69 N.Y.2d 432, 515 N.Y.S.2d 733, 508 N.E.2d 645 (1987).
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