POWERS v. RIVER CTR. LLC

Index No. 153260/13. Appeal No. 14204. Case No. 2021-00265.

197 A.D.3d 1054 (2021)

151 N.Y.S.3d 883

2021 NY Slip Op 05105

Kevin P. Powers, Appellant, v. River Center LLC et al., Defendants, and Turner Construction Company et al., Respondents.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

Kujawski & Kujawski, Deer Park ( Mark C. Kujawski of counsel), for appellant.

Baxter Smith & Shapiro, P.C., Hicksville ( Dennis S. Heffernan of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.


As the motion court found, plaintiff failed to raise a genuine issue of fact in opposition to defendants' motion. Plaintiff's affidavit indicates that he was standing on top of a makeshift apparatus positioned three feet above the floor at the time of the accident. This affidavit directly contradicts his prior deposition testimony in which he repeatedly testified that he was standing on the floor at the time of the accident and never mentioned standing on the apparatus (...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases