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WILLIAMS v. LAURA LIVERY CORPORATION

9601, 25778/14E.

173 A.D.3d 497 (2019)

103 N.Y.S.3d 60

2019 NY Slip Op 04664

Clarence Williams, Appellant, v. Laura Livery Corporation et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 11, 2019.

Plaintiff's unopposed motion for partial summary judgment was properly denied. Plaintiff's affidavit submitted in support is inconsistent with his prior deposition testimony that he did not know where the subject intersection was located without explaining the disparity (see Telfeyan v City of New York, 40 A.D.3d 372, 373 [1st Dept 2007]). In addition, his averment that he saw defendants...

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