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Bloom v. La Femme Fatale of Smithtown, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 187 (N.Y. App. Div. 2000)

Opinion

Submitted April 19, 2000.

June 5, 2000.

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.

Albin Richman, P.C., Garden City, N.Y. (Seth A. Levine of counsel), for appellant.

Ronan, McDonnell Kehoe, Melville, N.Y. (Christopher J. Power of counsel), for respondent.

Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

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 judgment (see, Buziashvili v. Ryan, 264 A.D.2d 797; Prunty v. Keltie's Bum Steer, 163 A.D.2d 595, 596).

The affidavit of the plaintiff's expert was devoid of any trace of facts or data. Consequently, it was without probative value (see, Amatulli v. Delhi Construction Corp., 77 N.Y.2d 525, 533).


Summaries of

Bloom v. La Femme Fatale of Smithtown, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 187 (N.Y. App. Div. 2000)
Case details for

Bloom v. La Femme Fatale of Smithtown, Inc.

Case Details

Full title:SHIRLEY BLOOM, APPELLANT, v. LA FEMME FATALE OF SMITHTOWN, INC., RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 5, 2000

Citations

273 A.D.2d 187 (N.Y. App. Div. 2000)
709 N.Y.S.2d 431

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