Bill --- perrrrrrrrrfect - ur input helps confirm that which I perceive to
be the correct approach too ~ a BIG thanks!
John, I think Bill has stated this well. You do not need to WIN the various evidentiary arguments by a preponderance of evidence, overwhelming evidence or beyond the shadow of a doubt.
ALL you have to do is persuade the court that there exist genuine issues of material fact as to essential elements of the plaintiff's cause of action.
Now where there exists some real possibility of actually having the unrefuted prevailing argument, you might also benefit from filing a cross-motion for defensive summary judgment and scheduling it for hearing at the same time as the plaintiff's motion.
You could then not only persuade the court to deny the plaintiff's motion but could also actually prevail by getting your own defensive motion for summary judgment granted.