LEFFERTS v. FEDERATED DEPARTMENT STORES, INC.


16 A.D.3d 628 (2005)

791 N.Y.S.2d 452

CANDACE LEFFERTS, Plaintiff, v. FEDERATED DEPARTMENT STORES, INC., Doing Business as MACY'S, Defendant and Third-Party Plaintiff-Respondent. MG CONCEPTS, Third-Party Defendant-Appellant; FIXTURE PERFECT INTERNATIONAL, Third-Party Defendant-Respondent.

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

March 28, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

In light of the differences between the deposition testimony of the witness produced on behalf of the appellant and the conclusory assertions later made by this witness in support of the appellant's motion for summary judgment, and in light of all the other circumstances presented, the appellant failed to meet its burden of showing the absence of any triable issue of fact (see Alvarez v Prospect...

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