Practice point: The fact that an injured plaintiff was the sole witness to the accident does not preclude summary judgment.
Students should note that plaintiff established prima facie entitlement to judgment as a matter of law on the § 240(1) cause of action by submitting an affidavit and deposition testimony demonstrating that the scaffold she was using collapsed, causing her to fall and sustain injuries.
The case is Campbell v. 111 Chelsea Commerce, L.P., NY Slip Op 00482 (2d Dept. 2011).
Tomorrow's issue is trial practice.
