Opinion
2002-08555
Submitted May 12, 2003.
July 21, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Hart, J.), dated July 25, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.
Charles S. Gucciardo, New York, N.Y. (Brian W. Raum of counsel), for appellants.
Lawrence N. Rogak, LLC, Oceanside, N.Y. (Renee A. Breitner of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., SONDRA MILLER, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the defendant Carmine Catalano did not have a duty to hold the ladder upon which his son-in-law, the plaintiff Michael Taveras, was standing to perform certain maintenance repairs on a house owned by the defendants ( see Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 522; Barnes v. Sanders, 269 A.D.2d 811; Napolitano v. Central Hudson Gas Elec. Corp., 255 A.D.2d 371, 372; Gordon v. Muchnick, 180 A.D.2d 715). The affidavit submitted by the plaintiff Michael Taveras in opposition to the motion for summary judgment was a feigned attempt to avoid the consequences of his earlier deposition testimony and, therefore, was insufficient to defeat the motion for summary judgment (see Christopher v. New York City Tr. Auth., 300 A.D.2d 336; Bongiorno v. Penske Auto. Ctr., 289 A.D.2d 520).
FEUERSTEIN, J.P., S. MILLER, McGINITY and CRANE, JJ., concur.