the nonmoving party must “set forth specific facts showing that there is a genuine issue for trial,” Anderson, 477 U.S. at 255, 106 S.Ct. 2505, and present such evidence as would allow a jury to find in his favor, Graham v. Long Island R.R., 230 F.3d 34, 38 (2d Cir.2000). A party may not rely “on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.” Lipton v. The Nature Company, 71 F.3d 464, 469 (2d Cir.1995) (quoting Knight v. U.S. Fire Ins. Co., 804 F.2d 9, 12 (2d Cir.1986)). Additionally, a party may not rest on the “mere allegations or denials” contained in his pleadings. Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995). See also Ying Jing Gan v. City of New York, 996 F.2d 522, 532 (2d Cir.1993) (<HOLDING>). III. DISCUSSION A. THIRD-PARTY DEFENDANT TIP
holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible holding that affidavits that are conclusory and based on hearsay can not be used to oppose motion for summary judgment holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion holding affidavits based on conclusory allegations insufficient at summary judgment