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SALINAS v. WORLD HOUSEWARE PRODUCING CO., LTD.

7648. 107662/10.

166 A.D.3d 493 (2018)

86 N.Y.S.3d 715

2018 NY Slip Op 07938

La Nona Jean Salinas, Appellant, v. World Houseware Producing Co., Ltd., et al., Respondents.

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

Decided November 20, 2018.

Where the conclusion of an expert relies upon facts contrary to the plaintiff's testimony, the affirmation will fail to raise an issue of fact sufficient to defeat summary judgment (see Feaster-Lewis v Rotenberg, 93 A.D.3d 421, 422 [1st Dept 2012], lv denied 19 N.Y.3d 803 [2012]; Wengenroth v Formula Equip. Leasing, Inc.,

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