Later conflicting statements are “feigned” issues of fact
New York courts reject contradictory statements made to defeat summary judgment, treating later conflicting versions as "feigned issues of fact" rather than genuine disputes.
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2 articles by Jason Tenenbaum, Esq.
EBT transcript invalid because it was not mailed to plaintiff (CPLR 3117)
Court rules EBT transcript inadmissible when not mailed to plaintiff per CPLR 3117, but Second Department decision conflicts with prior precedent on party depositions.
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