SMIGIELSKI v. TEACHERS INS. & ANNUITY ASSOCIATION OF AMERICA

637, 115484/09.

137 A.D.3d 676 (2016)

29 N.Y.S.3d 272

2016 NY Slip Op 02297

ANDRZEJ SMIGIELSKI, Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA et al., Respondents. (And a Third-Party Action.)

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

Decided March 29, 2016.


The fact that plaintiff may have been the sole witness to his accident does not preclude summary judgment in his favor (see Verdon v Port Auth. of N.Y. & N.J., 111 A.D.3d 580, 581 [1st Dept 2013]; Perrone v Tishman Speyer Props., L.P., 13 A.D.3d 146, 147 [1st Dept 2004]). However, where a plaintiff is the sole witness to an accident, an issue of fact may exist where he or she provides...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases