Bloom v. La Femme Fatale of Smithtown, Inc.
| Decision Date | 05 June 2000 |
| Parties | SHIRLEY BLOOM, Appellant,<BR>v.<BR>LA FEMME FATALE OF SMITHTOWN, INC., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
The defendant made a prima facie showing that it was entitled to judgment as a matter of law. The plaintiff's affidavit presented a feigned issue of fact designed to avoid the consequences of her earlier deposition testimony. As such, it was insufficient to defeat the defendant's motion for summary judgment (see, Buziashvili v Ryan, 264 AD2d 797; Prunty v Keltie's Bum Steer, 163 AD2d 595, 596).
The affidavit of the plaintiff's expert was devoid of any trace of facts or data. Consequently, it was without probative value (see, Amatulli v Delhi Constr. Corp., 77 NY2d 525, 533).
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Smith v. Taylor
...Therefore, the affidavit was insufficient to raise a triable issue of fact as to the defendant's negligence (see, Bloom v. La Femme Fatale of Smithtown, 273 A.D.2d 187). ...
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