Weinreich v. A.H. Robins Co

In Weinreich v. A.H. Robins Co., 96 AD2d 860 (2d Dept. 1983) the appellate court held, in assessing the merit of a summary judgment motion, that while the standard of proof for the opposing party is more flexible than the standard for the movant, absent evidentiary proof in admissible form, the opponent must at least proffer a reasonable excuse for the failure to present such evidence.