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PEREZ v. PARAMOUNT COMMUNICATIONS, INC.

247 A.D.2d 264 (1998)

668 N.Y.S.2d 619

Carlos Perez, Respondent-Appellant, v. Paramount Communications, Inc., et al., Respondents, and Madison Square Garden, L. P., as Successor to Madison Square Garden Center, Inc., Appellant-Respondent

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

February 17, 1998

The complaint was properly dismissed as time-barred as against defendants contractors upon the finding that plaintiff's deposition testimony demonstrated that the accident occurred more than three years before he filed the summons and complaint naming the contractors as defendants. Plaintiff's affidavit in opposition to the motion, which contradicted this prior deposition testimony, was properly rejected (see, Kistoo v City of New York, 195...

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