February 10, 2019

Contradictory testimony.

Generally, contradictions in the respective parties' testimony raise credibility issues for the trier of fact to resolve. However, where a party's deposition testimony is demonstrably false, it may be rejected as incredible as a matter of law.

Carthen v. Sherman, NY Slip Op 00954 (1st Dep't February 7, 2019)

Here is the decision.