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GONCALVES v. NEW 56TH AND PARK (NY) OWNER, LLC

10332. 150847/15.

177 A.D.3d 468 (2019)

110 N.Y.S.3d 541

2019 NY Slip Op 08265

Jose Goncalves et al., Appellants, v. New 56th and Park (NY) Owner, LLC, Now Known as 56th and Park (NY) Owner LLC, et al., Respondents.

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

Decided November 14, 2019.

Supreme Court correctly concluded that plaintiff Jose Goncalves's affidavit submitted in support of the motion should not be considered to the extent that it averred that he was struck by the entire chain hoist system, which contradicted his deposition testimony that he was struck only by the chain itself (compare Capuano v Tishman Constr. Corp., 98 A.D.3d 848, 851 [1st Dept 2012]). However, the affidavit was consistent with his...

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