McCleery v. Consolidated Edison of New York, Inc.

Defendants (Con Ed) made out a prima facie case of entitlement to summary judgment by submitting the deposition testimony of several individuals who were present at the accident location, none of whom knew how plaintiff sustained injury. They did not see the Con Ed vehicle run over plaintiffs foot, nor did they observe any displacement of the 8 to 12 orange cones set up around plaintiffs truck as he threaded a length of gas pipe held in a vise attached to the rear of the vehicle.

Even if the evidence submitted by plaintiff in opposition to the motion had been sufficient to raise a question…