What is the test for establishing a material issue of fact?
"New York", United States of America
The following excerpt is from Jenkins v Aaron, 2008 NY Slip Op 30393(U) (N.Y. Sup. Ct. 2/6/2008), 2008 NY Slip Op 30393 (N.Y. Sup. Ct. 2008):
evidentiary proof in admissible form sufficient to establish the existence of material issues of fact that require a trial for resolution." Giuffrida v. Citibank, 100 NY2d 72 at 81.
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