Mirjani v DeVito, 2016 NY Slip Op 00448 (1st Dept. 2016)
“It is axiomatic that statements made by a party in an affidavit, a police report, or a deposition that are not denied by the party constitute an admission, and that later, conflicting statements containing a different version of the facts are insufficient to defeat summary judgment, as the later version presents only a feigned issue of fact“
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