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Taveras v. Catalano

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 2003
307 A.D.2d 310 (N.Y. App. Div. 2003)

Opinion

2002-08555

Submitted May 12, 2003.

July 21, 2003.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Hart, J.), dated July 25, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.

Charles S. Gucciardo, New York, N.Y. (Brian W. Raum of counsel), for appellants.

Lawrence N. Rogak, LLC, Oceanside, N.Y. (Renee A. Breitner of counsel), for respondents.

Before: SANDRA J. FEUERSTEIN, J.P., SONDRA MILLER, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the defendant Carmine Catalano did not have a duty to hold the ladder upon which his son-in-law, the plaintiff Michael Taveras, was standing to perform certain maintenance repairs on a house owned by the defendants ( see Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 522; Barnes v. Sanders, 269 A.D.2d 811; Napolitano v. Central Hudson Gas Elec. Corp., 255 A.D.2d 371, 372; Gordon v. Muchnick, 180 A.D.2d 715). The affidavit submitted by the plaintiff Michael Taveras in opposition to the motion for summary judgment was a feigned attempt to avoid the consequences of his earlier deposition testimony and, therefore, was insufficient to defeat the motion for summary judgment (see Christopher v. New York City Tr. Auth., 300 A.D.2d 336; Bongiorno v. Penske Auto. Ctr., 289 A.D.2d 520).

FEUERSTEIN, J.P., S. MILLER, McGINITY and CRANE, JJ., concur.


Summaries of

Taveras v. Catalano

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 2003
307 A.D.2d 310 (N.Y. App. Div. 2003)
Case details for

Taveras v. Catalano

Case Details

Full title:MICHAEL TAVERAS, ET AL., appellants, v. CARMINE CATALANO, ET AL.…

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

Date published: Jul 21, 2003

Citations

307 A.D.2d 310 (N.Y. App. Div. 2003)
762 N.Y.S.2d 520

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