GOLDBERGER v. GOLDBERGER


29 A.D.3d 949 (2006)

816 N.Y.S.2d 528

DON GOLDBERGER, Respondent, v. HARRY GOLDBERGER et al., Appellants.

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

May 30, 2006.


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

In support of their motion for summary judgment, the defendants offered, inter alia, the deposition testimony of the plaintiff, who stated that he fell when a chair in the bedroom he was occupying in the defendants' home "broke." It is undisputed that the elderly plaintiff was alone at the time of the occurrence. In his deposition testimony, also submitted by the defendants in support of their...

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