Legal Opinion
Breland v. Flushing YMCA
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1997PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated October 7, 1996, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
We agree with the defendant that the trial court should not have considered the affidavit submitted by the infant plaintiff in opposition to the motion for summary judgment, since it directly contradicted her prior, sworn testimony at an examination before trial (see, Leale v New York City Health & Hosps.…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Kistoo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Vonungern v. Morris Central SchoolAppellate Division of the Supreme Court of the State of New York · 1997
- Leale v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
- Singh v. PersaudAppellate Division of the Supreme Court of the State of New York · 2000
- Fernandez v. Stepping Stone Day School, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Schortemeyer v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 2000