CHIANESE v. FABIANI

The action, which alleges that defendants knowingly submitted a false and/or forged affidavit in support of a motion for summary judgment made by their landlord client in a personal injury action that plaintiff brought alleging inadequate building security (Chianese v. Werner Meier, 246 A.D.2d 328,lv dismissed 92 N.Y.2d 876), was properly dismissed as unjustifiably based upon the credibility of a convicted felon with an established record of making contradictory statements. No weight can be given to the felon's fluctuating accounts of how he gained entry to the building, or what he said to the parties' investigators and why he said it. We have considered and rejected defendants' arguments on its cross appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.