Bloom v. La Femme Fatale of Smithtown, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 8, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant made a prima facie showing that it was entitled to judgment as a matter of law. The plaintiff’s affidavit presented a feigned issue of fact designed to avoid the consequences of her earlier deposition testimony. As such, it was insufficient to defeat the defendant’s motion for summary…
2Cases cited3 opinions
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
- Prunty v. Keltie's Bum SteerAppellate Division of the Supreme Court of the State of New York · 1990
- Buziashvili v. RyanAppellate Division of the Supreme Court of the State of New York · 1999
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- Bongiorno v. Penske Automobile CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Rodriguez v. TrakansookAppellate Division of the Supreme Court of the State of New York · 2009
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