What is the burden of proving a motion is triable in evidentiary form?
"New York", United States of America
The following excerpt is from Harvey Family Chiro PT & Acup, PLLC v. Ameriprise Ins. Co., 126 N.Y.S.3d 883, 68 Misc.3d 556 (N.Y. Civ. Ct. 2020):
Once a movant meets its burden, the burden is shifted to the opposing party to come forward with proof, again in evidentiary form, to show the existence of genuine triable issues of fact. See Piccolo v. De Carlo , 90 A.D.2d 609, 456 N.Y.S.2d 171 (3d Dept. 1982).
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