December 3, 2020

Summary judgment on a Labor Law claim.

A defendant cannot defeat the motion by citing factual disputes that do not relate to material issues. Even if plaintiff were the only witness to the accident, he would be entitled to summary judgment where nothing in the record controverts his account of the accident or calls his credibility into question.

Valdez v. City of New York, NY Slip Op 07150 (1st Dep't December 1, 2020)

Here is the decision.