Mayancela v. Almat Realty Development, LLC
Cases that cite this one
1 later published case cites this decision.
- Garcia v. Jesuits of Fordham, Inc. (Appellate Division of the Supreme Court of New York 2004)
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
Order, Supreme
In view of plaintiffs 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 plaintiffs Labor Law § 240 (1) claim was properly granted (cf. Jamil v Concourse Enters., 293 AD2d 271, 273 [2002]). Plaintiffs attempt to create a triable issue through the submission of a self-serving, postdeposition affidavit contradicting his prior testimony was properly rejected by the motion court (see Perez v Bronx Park S. Assoc., 285 AD2d 402, 404 [2001], lv denied 97 NY2d 610 [2002]). Concur — Nardelli, J.P., Buckley, Rosenberger and Marlow, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.