1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 202 A.D.3d
  5. 202 A.D.3d 638 (2022)
 

POLANCO v. DURGAJ

302481/15E. Appeal No. 15384. Case No. 2021-01359.

202 A.D.3d 638 (2022)

159 N.Y.S.3d 837

2022 NY Slip Op 01258

Esther Polanco, Respondent, v. Paul Durgaj, Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Miller Leiby & Associates, P.C., New York (Jeffrey R. Miller of counsel), for appellant.

Martin L. Ginsberg, P.C., Woodbury (Martin L. Ginsberg of counsel), for respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

In this action in which plaintiff sustained injuries when she slipped and fell on the sidewalk owned by defendant, her affidavit that she slipped on ice on the sidewalk contradicted her earlier deposition testimony that she did not know what she slipped on, and thus created only a feigned issue of fact, which was insufficient to defeat defendant's motion (see Mermelstein v East Winds Co., 136 A.D.3d 505, 505 [1st Dept 2016]; Telfeyan...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases