SCHECTEL v. SOUTHLAND CORP.


264 A.D.2d 512 (1999)

694 N.Y.S.2d 468

JUDITH SCHECTEL, Respondent, v. SOUTHLAND CORP. et al., Appellants.

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

Decided August 30, 1999.


Ordered that the order is reversed, on the law and as a matter of discretion, the motion for leave to renew is denied, and the order dated May 6, 1998, is reinstated.

At her deposition, the plaintiff admitted that she had been "guessing" when she had given certain prior equivocal testimony as to whether a certain photograph, taken by her sister shortly after the incident and identified as Defendant's Exhibit A, showed the defective condition which had allegedly caused...

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