PEREIRA v. A. D. HERMAN CONSTR. CO., INC.


74 A.D.2d 531 (1980)

Antonio L. Pereira, Respondent, v. A. D. Herman Construction Co., Inc., Appellant, et al., Defendant A. D. Herman Construction Co., Inc., Third-Party Plaintiff-Appellant, v. Mascedos Concrete Corporation, Third-Party Defendant-Respondent

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

February 19, 1980


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

The dissenters would reverse summary judgment because there were no witnesses to plaintiff's 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...

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