PELLEGRINI v. BROCK

"On a motion for summary judgment, the court should accept as true the evidence submitted by the opposing party" ( O'Sullivan v Presbyterian Hosp. in City of N.Y. at Columbia Presbyt. Med. Ctr., 217 AD2d 98, 101). Here, defendant-respondent submitted evidence in admissible form which raised a triable issue of fact as to whether the money at issue was a gift or a loan, including, inter alia, an affidavit from a nonparty who said that plaintiff Roberta Pellegrini had told her that plaintiffs had given defendants money to buy a house.

We have considered plaintiffs' remaining arguments and find them unavailing.