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Mayancela v. Almat Realty Development, LLC

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 2003
303 A.D.2d 207 (N.Y. App. Div. 2003)

Opinion

443

March 11, 2003.

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered April 2, 2002, which, to the extent appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing plaintiff's Labor Law § 240(1) claim, and denied plaintiff's cross motion for summary judgment as to liability upon the same claim, unanimously affirmed, without costs.

Alexander J. Wulwick, for plaintiff-appellant.

John DeMatteo, III, for defendant-respondent.

Before: Nardelli, J.P., Buckley, Rosenberger, Marlow, JJ.


In view of plaintiff's admission in his deposition testimony that for no particular reason he misused the A-frame ladder from which he fell despite specific, repeated and recent instructions from his employer respecting the ladder's proper and improper use, defendant's motion, based on the recalcitrant worker defense, for summary judgment dismissing plaintiff's Labor Law § 240(1) claim, was properly granted (cf. Jamil v. Concourse Enters., 293 A.D.2d 271, 273). Plaintiff's attempt to create a triable issue through the submission of a self-serving, post-deposition affidavit contradicting his prior testimony was properly rejected by the motion court (see Perez v. Bronx Park S. Assocs., 285 A.D.2d 402, 404,lv denied 97 N.Y.2d 610).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Mayancela v. Almat Realty Development, LLC

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 2003
303 A.D.2d 207 (N.Y. App. Div. 2003)
Case details for

Mayancela v. Almat Realty Development, LLC

Case Details

Full title:JUAN MANUEL MAYANCELA, Plaintiff-Appellant, v. ALMAT REALTY DEVELOPMENT…

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

Date published: Mar 11, 2003

Citations

303 A.D.2d 207 (N.Y. App. Div. 2003)
756 N.Y.S.2d 548

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