FERN FLOMENHAFT PLLC RELATIONSHIP, RESPONSE, RESULTS
  • Home
  • About
  • Attorneys
  • Contact
  • Firm News
  • Practice Areas
  • QUOTE
  • Blog

FF PLLC WINS SUMMARY JUDGMENT - SUBSTANTIVE CHANGES TO PLAINTIFF'S DEPOSITION TESTIMONY CREATED ONLY A FEIGNED ISSUE AND THE EXPERT'S CONCLUSORY OPINION DID NOT DEFEAT SJ

12/18/2017

0 Comments

 
Plaintiff allegedly fell down the stairs on his way to a doctor's office. The plaintiff alleged the stairs were defectively designed. Defense established that the stairs were not defective and that the plaintiff, by his own testimony, did not know what caused him to fall. In opposition, the plaintiff made substantive changes to his deposition, materially changing his testimony, that the Court concluded were unsupported by an adequate explanation for the corrections (Torres v. Bd. of Educ. of City of New York, 137 A.D.3d 1256). The Court also found that the substantive changes presented a "feigned factual issue," designed to avoid the consequences of an earlier admission (McGuire v. Quinnonez, 280 A.D. 2d 587), which were insufficient to defeat summary judgment. The plaintiff also offered an expert affidavit in which the expert engineer speculated as to the cause of the plaintiff's fall. Stanley Fein attested that the alleged “improper staircase geometry violated good and accepted standards of engineering practice.”
​
The Court, by J. Sweeney, (citing  Buchholz v. Trump, 767 Fifth Ave., 5 N.Y.3d 1 (2005)) concluded that the expert opinion was conclusory and speculative and also insufficient to defeat summary judgment.  
0 Comments



Leave a Reply.

    Archives

    November 2019
    February 2019
    January 2019
    December 2017
    October 2017
    June 2016
    May 2016
    April 2016

    Categories

    All

    RSS Feed

    Picture
The law office of Fern Flomenhaft PLLC, 26 Broadway, 26th Floor, New York, NY 10004 * 212 796-7601 * fflomlaw.com
© Fern Flomenhaft PLLC
Pursuant to the amendments to the New York Rules of Professional Conduct governing attorney advertising in New York, this website may constitute advertising. Viewers of this website are advised that prior results do not guarantee a similar outcome.
  • Home
  • About
  • Attorneys
  • Contact
  • Firm News
  • Practice Areas
  • QUOTE
  • Blog