Legal Opinion
Weicht v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2017No. 3448 300381/11 83846/11PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 21, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on his Labor Law § 240 (1) claim, and denied defendants’ cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.
“A plaintiff’s inability to testify exactly as to how an accident occurred does not require dismissal where negligence and causation can be established with circumstantial evidence” (Patrikis v Arniotis, 129 AD3d 928, 930 [2d Dept 2015]; Angamarca v…
2Cases cited5 opinions
- People v. KennedyNew York Court of Appeals · 1986
- Nascimento v. Bridgehampton Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Claim of Anthus v. Rail Joint Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Ortiz v. Burke Avenue Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Patrikis v. ArniotisAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by6 opinions
- Grieve v. MCRT Northeast Constr., LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Narvaez v. Vornado Realty TrustAppellate Division of the Supreme Court of the State of New York · 2022
- Canty v. 133 E. 79th St., LLCAppellate Division of the Supreme Court of the State of New York · 2018
- DeBenedetto v. Kingswood Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Harjo-Codd v. Tishman Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2024
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