Dollas v. W.R. Grace and Company

In Dollas v. W.R. Grace and Company, 225 A.D.2d 319 (1st Dept., 1996), the First Department stated that "the deposition testimony of a litigant is sufficient to raise an issue of fact so as to preclude the grant of summary judgment dismissing the complaint." The assessment of the value of a witness' testimony constitutes an issue for resolution by the trier of fact and any apparent discrepancy between the testimony and the evidence of record goes only to the weight and not the admissibility of the testimony. (Dollas, supra, at 321.)