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POLANCO v. DURGAJ

302481/15E. Appeal No. 15384. Case No. 2021-01359.

202 A.D.3d 638 (2022)

159 N.Y.S.3d 837

2022 NY Slip Op 01258

Esther Polanco, Respondent, v. Paul Durgaj, Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Miller Leiby & Associates, P.C., New York ( Jeffrey R. Miller of counsel), for appellant.

Martin L. Ginsberg, P.C., Woodbury ( Martin L. Ginsberg of counsel), for respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

In this action in which plaintiff sustained injuries when she slipped and fell on the sidewalk owned by defendant, her affidavit that she slipped on ice on the sidewalk contradicted her earlier deposition testimony that she did not know what she slipped on, and thus created only a feigned issue of fact, which was insufficient to defeat defendant's motion (see Mermelstein v East Winds Co., 136 A.D.3d 505, 505 [1st Dept 2016]; Telfeyan...

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