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· 4/26/1978

Streit v. Parker

Citations

  • 94 Misc. 2d 295
  • 404 N.Y.S.2d 308
  • 1978 N.Y. Misc. LEXIS 2234

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a district court should not reject an affidavit 7 that is merely contradictory under the sham affidavit doctrine in light of the jury’s role in resolving questions of credibility
  • “An affidavit that supplements rather than contradicts prior deposition testimony falls outside the doctrine’s ambit.” (internal quotation marks omitted)
  • “We review a district court’s exclusion or admission of evidence—including application of the sham-affidavit doctrine— . . . subject to harmless-error review.”
  • “[T]he sham-affidavit doctrine is not applicable when discrepancies between an affidavit and other testimony can be reconciled . . . .”
  • “On summary judgment, all facts and reasonable inferences are construed in favor of the nonmovant, and the court should not weigh evidence or make credibility findings.”
  • “On summary judgment, all facts and reasonable inferences are construed in favor of the nonmovant, and the court should not weigh evidence or make credibility findings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Monteleone

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.