Telfeyan v. City of New York

In Telfeyan v. City of New York, 40 A.D.3d 372, 373 [1st Dept 2007] the Appellate Division, First Department, attached great weight to the trial court's finding that "when specifically asked what caused her to fall, plaintiff testified "I really don't know what happened, honestly." 40 AD3d at 373. The Appellate Division held that an affidavit that plaintiff's later submitted, which purported to recount the cause of her injury, "creates only a feigned issue of fact, and is insufficient to defeat a properly supported motion for summary judgment." Id.