Tahari v Narkis

Holding The Appellate Division reversed the lower court’s grant of summary judgment on a breach of contract claim because the defendant’s affidavit and other evidence created a material issue of fact regarding whether a $9 million transfer was a new loan or the repayment of an old debt. The court held that the defendant’s affidavit was competent evidence sufficient to preclude summary judgment despite being submitted by an interested party.

The court’s words

Supreme Court should have denied Tahari's motion for summary judgment because Narkis's affidavit, the parties' deposition testimony and the documentary evidence created a material issue of fact as to whether Tahari's $9 million transfer to him was in fact a loan

2026 NY Slip Op 05505, at the official text

there remain questions of fact as to whether the 2007 agreement reflected a new loan to Narkis or the repayment of an old debt by Tahari

2026 NY Slip Op 05505, at the official text

That an affidavit is submitted by a party or other interested person does not detract from its sufficiency as competent evidence

2026 NY Slip Op 05505, at the official text