New York State, New York City or elsewhere. Rather, DBA Holdings enters into contracts outside of the State of New York with debt collectors and law firms, who in turn attempt to recover amounts due and owing on DBA Holdings’ consumer debt portfolios, including consumer debts owed by New York City debtors. (Berman Decl. ¶ 3.) This statement is insufficient to support summary judgment. Under Federal Rule of Civil Procedure 56, a party asserting that a fact cannot be genuinely disputed has the burden of supporting this assertion by “citing to particular parts of materials in the record, including ... affidavits or declarations,” or “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse pa 939 F.Supp. 1012, 1019 (E.D.N.Y.1996) (<HOLDING>). Even if construed as a factual assertion, the
holding the conflict in expert declarations created a genuine issue of materi al fact that made summary judgment inappropriate holding that a speculative affidavit which contained mere conjecture was insufficient to create a genuine issue of material fact for trial holding denial of jury trial was harmless because evidence was insufficient to create issue of fact for submission to jury and insurer would have been entitled to directed verdict holding that plaintiffs attempt to depict legal conclusion as factual assertion was insufficient to create materi al issue of fact holding that conclusion as to ownership of land is a legal question where parties do not dispute trial courts findings of fact