CiteTEXT
...injury, the plaintiffs self-serving affidavit was insufficient to raise a triable issue of fact as to whether he sustained a serious injury under the significant limitation of use category ( see...
...injury, the plaintiff's self-serving affidavit was insufficient to raise a triable issue of fact ( see Rodney v. Solntseu, 302 AD2d 442; Paulino v. Xiaoyu Dai, 279 AD2d 619; Fisher v...
..., 265 A.D.2d 547). Furthermore, in the absence of such admissible objective evidence of injury, the plaintiff's self-serving affidavit was insufficient to raise a triable issue of fact (see, Paulino...
...[to] determinations" of the Commissioner of the IRS: "[The taxpayer] has submitted only self-serving documents which do not substantiate his claims." Id.
We overrule Mays to the extent it holds or ...government's assessments. Nothing in Rule 56 prohibits an otherwise admissible affidavit from being self-serving. And if there is any corroboration requirement for an affidavit, it must come from a source...Rules of Civil Procedure) prohibits an affidavit from being self-serving. Indeed, as the Seventh Circuit observed, "most affidavits submitted [in response to a summary judgment motion] are self-serving...
..., 246 F.3d 927 (7th Cir. 2001), for the proposition that "self-serving affidavits are insufficient to defeat summary judgment." In Albiero, however, we held merely that self-serving statements contai...Rogers, 320 F.3d at 751 (construing Albiero as holding that "self-serving affidavits without factual support in the record do not create an issue of material fact"). In contrast, a self-serving ...). The record, moreover, may include the self-serving affidavit itself, provided that the affidavit "meets the usual requirements for evidence on summary judgment — including the requirements that it be...
...deposition testimony.
Generally, a self-serving affidavit offered to contradict deposition testimony does not raise a bona fide question of fact and will be disregarded (Joe v. Orbit..., 404; Prunty v. Keltie's Bum Steer, 163 A.D.2d 595, 596). If a plaintiff's self-serving affidavit, submitted in an attempt to retract a... motion, plaintiff offered only the affidavit of counsel. The attempt to generate a factual dispute concerning which entity erected the scaffolding in the alley...
...summary judgment made no mention of these facts. A conclusory, self-serving affidavit, lacking detailed facts and any supporting evidence, is insufficient to create a genuine issue of material fact..., 904 F.2d 487, 492 n. 3 (9th Cir. 1990). The same can be said regarding conclusory, self-serving statements in appellate briefs. They are insufficient to create a genuine is...phones should negate her liability. However, other than statements in the appellate brief, Martin has never offered any evidence to support these factual assertions. Her affidavit filed in opposition to...
...50; Diaz v Turner, 306 AD2d 241). The plaintiff's self-serving affidavit did not raise a triable issue of fact ( see Fisher v Williams, 289 AD2d 288, 289). The plaintiff also failed...Yeshiva Bnei Zion, 20 AD3d 456). In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiff principally relied upon the affidavit of his treating physician...Dr. Emil Stracar, which incorporated therein many of his reports. Dr. Stracar concluded in his affidavit that, as a result of the subject...
...by his self-serving affidavit in opposition to the motion (Joe v. Orbit Indus., 269 A.D.2d 121, 122; Kistoo v. City of New York...conclusively establishes a factual issue is not genuine, summary disposition is appropriate]). Unlike a plaintiff's own self-serving affidavit, submitted in an attempt to retract his previous admission...ordinarily be determined on a motion for summary judgment, where, as here, the self-serving affidavits submitted by plaintiff in opposition clearly contradict plaintiff's own deposition testimony and can only...
..., Defendant's affidavit was self-serving and none too detailed—but it was competent, and it contradicted the State's designated evidence on a material fact. It was therefore sufficient to preclude summary...judgment burden has been criticized because it may let summary judgment be precluded by as little as a non-movant's “mere designation of a self-serving affidavit.” E.g...affidavit—albeit a perfunctory and self-serving one—that specifically controverted the State's prima facie case, denying under oath that the cash or car were proceeds of or used in furtherance of drug crimes...
...( see Kearse v. New York City Tr. Auth., 16 AD3d 45; Diaz v. Turner, 306 AD2d 241). The plaintiff's self-serving affidavit was...
...608). The self-serving affidavit of the plaintiff, on its own, failed to raise a triable issue of fact as to whether she sustained a serious injury...
...).
The plaintiff's self-serving affidavit was insufficient to show that he sustained a serious injury, since there was no objective medical evidence in support of it...
...-serving affidavit, which directly contradicted her prior deposition testimony that she did not see her assailant enter the building (Mack v. United...building, in opposition to defendant's motion for summary judgment, plaintiff submitted an affidavit in which she stated, "I was able to observe [the assailant] enter the premises without pressing an...intercom button, using a key or having someone open the door for him." The IAS Court denied defendant's motion for summary judgment finding that plaintiff's affidavit provided some evidence...
...court, have distinguished these cases and determined that a "self-serving" affidavit, even if uncontroverted, may not be enough. When an...evidentially hearing is held and the trial court determines that it does not believe the defendant's testimony that service was not received, a "self-serving" affidavit does not rebut the presumption of...address — that Emge had not lived at 9137 Telawaney Court since 1985, some seven years before the suit. Emge filed an affidavit in which he asserts that he never received service of process and that...
...Desamour v New York City Tr. Auth., 8 AD3d 326; Ocasio v Henry, 276 AD2d 611). The self-serving affidavit of the plaintiff and her deposition testimony were insufficient to show that she...
...; Kearse v New York City Tr. Auth., 16 AD3d 45). The self-serving affidavit of the plaintiff was insufficient to meet this requirement...opposition, the plaintiff failed to raise a triable issue of fact. Dr. Scott Leist, the plaintiff's treating chiropractor, concluded in his affidavit that the plaintiff sustained a permanent disability...
...( see Yakubov v CG Trans Corp., 30 AD3d 509; Kearse v New York City Tr. Auth., supra; Diaz v Turner, 306 AD2d 241). The plaintiff's self-serving affidavit was...
...).
The plaintiff's self-serving affidavit concerning his inability to perform his daily activities after the accident, without more, is insufficient to establish that he had sustained a...
...contention that the Supreme Court erred in rejecting his claim that he did, in fact, serve an answer and/or comparable rent data to the agency, a self-serving affidavit in which the owner states that...