Opinion
10252 Index 21812/17E
10-31-2019
Amparo CHECO, Plaintiff–Respondent, v. EXPRESS, LLC, Defendant–Appellant.
Perez & Morris LLC, New City (Michael J. Glidden of counsel), for appellant. Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for respondent.
Perez & Morris LLC, New City (Michael J. Glidden of counsel), for appellant.
Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for respondent.
Friedman, J.P., Kapnick, Kern, Singh, JJ.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered January 23, 2019, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff has sufficiently raised a factual issue based on her deposition testimony that the stool collapsed when she attempted to sit on it, and any inconsistencies in her testimony in this regard raise credibility issues for a jury to determine (see Narvaez v. 2914 Third Ave. Bronx, LLC, 88 A.D.3d 500, 501, 930 N.Y.S.2d 561 [1st Dept. 2011] ).
We have considered defendant's remaining contentions and find them unavailing.