Pereira v. A. D. Herman Construction Co.

Fein, J. (concurring in part, dissenting in part).

The dissenters would reverse summary judgment because there were no witnesses to plaintiffs fall from the scaffolding. I respectfully disagree. Summary judgment should not be denied to a plaintiff merely because he is the sole witness to the accident. Moreover, the record here is not so limited. In his affidavit in support of his motion for summary judgment plaintiff swore: "I was injured on September 12, 1975, while working as a carpenter in the employ of Mascedos Concrete Corporation at a building site at Stony Brook University under the…