Bloom v. La Femme Fatale of Smithtown, Inc.
Cases that cite this one
13 later published cases cite this decision.
- Garcia-Rosales v. Bais Rochel Resort (Appellate Division of the Supreme Court of New York 2012)
- Garcia-Rosales v. Bais Rochel Resort (Appellate Division of the Supreme Court of New York 2012)
- Rodriguez v. Trakansook (Appellate Division of the Supreme Court of New York 2009)
- Lincoln v. Laro Service Systems, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Dennis v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- Goberdhan v. Waldbaum's Supermarket (Appellate Division of the Supreme Court of New York 2002)
- Keenan v. Just Kids Learning Center (Appellate Division of the Supreme Court of New York 2002)
- Christopher v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2002)
- Collins v. Rockbottom Stores, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Smith v. Taylor (Appellate Division of the Supreme Court of New York 2001)
- Shpizel v. Reo Realty & Construction Co. (Appellate Division of the Supreme Court of New York 2001)
- Bongiorno v. Penske Automobile Center (Appellate Division of the Supreme Court of New York 2001)
- Abitol v. Schiff (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 8, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.
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 plaintiffs 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). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.