Appellate Division of the Supreme Court of the State of New York March 29, 2016, 637 115484/09 (Smigielski v. Teachers Insurance & Annuity Ass'n of America)

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered October 16, 2014, which denied plaintiff’s motion for partial summary judgment on his Labor Law § 240 (1) cause of action, unanimously affirmed, without costs.

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.