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BRELAND v. FLUSHING YMCA

245 A.D.2d 410 (1997)

666 N.Y.S.2d 473

Janine Breland et al., Respondents, v. Flushing Ymca, Appellant. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 15, 1997

Ordered that the order is affirmed, with costs.

We agree with the defendant that the trial court should not have considered the affidavit submitted by the infant plaintiff in opposition to the motion for summary judgment, since it directly contradicted her prior, sworn testimony at an examination before trial (see, Leale v New York City Health & Hosps. Corp., 222 A.D.2d 414; Kistoo v City of New York,

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