Legal Opinion
Smigielski v. Teachers Insurance & Annuity Ass'n of America
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2016No. 637 115484/09PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered October 16, 2014, which denied plaintiff’s motion for partial summary judgment on his Labor Law § 240 (1) cause of action, unanimously affirmed, without costs.
The fact that plaintiff may have been the sole witness to his accident does not preclude summary judgment in his favor (see Verdon v Port Auth. of N.Y. & N.J., 111 AD3d 580, 581 [1st Dept 2013]; Perrone v Tishman Speyer Props., L.P., 13 AD3d 146, 147 [1st Dept 2004]). However, where a plaintiff is the sole witness to an accident, an issue of fact may exist where he…
2Cases cited2 opinions
- Vargas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Perrone v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by9 opinions
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- Sangare v. 985 Bruckner Blvd. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- Sangare v. 985 Bruckner Blvd. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2023
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