· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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