BLOOM v. LA FEMME FATALE OF SMITHTOWN, INC

ORDERED that the order is affirmed, with costs.

The defendant made a prima facie showing that it was entitled to judgment as a matter of law. The plaintiff's affidavit presented a feigned issue of fact designed to avoid the consequences of her earlier deposition testimony. As such, it was insufficient to defeat the defendant's motion for summary judgment (see, Buziashvili v. Ryan, 264 A.D.2d 797; Prunty v. Keltie's Bum Steer, 163 A.D.2d 595, 596).

The affidavit of the plaintiff's expert was devoid of any trace of facts or data. Consequently, it was without probative value (see, Amatulli v. Delhi Construction Corp., 77 N.Y.2d 525, 533).