WEICHT v. CITY OF NEW YORK

3448, 300381/11, 83846/11.

148 A.D.3d 551 (2017)

2017 NY Slip Op 01995

49 N.Y.S.3d 680

ALEXANDER WEICHT, Respondent, v. CITY OF NEW YORK et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided March 21, 2017.


"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 A.D.3d 928, 930 [2d Dept 2015]; Angamarca v New York City Partnership Hous. Dev. Fund Co., Inc., 56 A.D.3d 264, 264 [1st Dept 2008]). Plaintiff established his entitlement to partial...

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