WIKIERA v. CITY OF NEW YORK

9897, 307404/13.

175 A.D.3d 1179 (2019)

108 N.Y.S.3d 134

2019 NY Slip Op 06693

Jacek Wikiera, Respondent, v. City of New York et al., Appellants, et al., Defendant.

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

Decided September 24, 2019.


Attorney(s) appearing for the Case

Cozen O'Connor, New York (Daniel Goodstadt of counsel), for appellants.

William Schwitzer & Associates, P.C., New York (D. Allen Zachary of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Webber, Moulton, JJ.


Summary judgment was properly denied in this action where plaintiff was allegedly injured when he fell from a scaffold while jack-hammering stone facing. Although defendants submitted documentary evidence, including plaintiff's employer's time sheets and payroll records, indicating that plaintiff did not work at the construction site on October 15, 2012, plaintiff unwaveringly testified at deposition that he did work that day and was injured in a fall from a scaffold when...

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