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CAROLINA JIMENEZ, Respondent, v. T.J. MAXX, INC., Sued Herein as T J MAXX, Appellant.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it neither created the allegedly defective condition upon which the plaintiff claimed she slipped and fell, nor had actual or constructive notice of it ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Bynum v. Salter, 14 AD3d 582; Vera v. Fishman, 14 AD3d 550). In opposition thereto, the plaintiff failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., supra). The affidavit she submitted in opposition to the motion raised feigned factual issues designed to avoid the consequences of her earlier deposition testimony ( see Semple v. Sterling Estates, 300 AD2d 297; Regina v. Friedman, 272 AD2d 461). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.

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JIMENEZ v. T.J. MAXX, INC
(Apr 25, 2005)