In Gonzalez v. Vigo Constr. Corp. (17 Misc 3d 1130(A) [Sup Ct Queens County 2007]) plaintiff alleged that he was struck by a falling piece of concrete while working at a construction site. The Court acknowledged that a plaintiff unable to testify about an accident will not be held to as high a degree of proof in establishing his or her right to recover under some circumstances, plaintiff did not meet her obligation to introduce evidence supporting his prima facie case. The Court held that giving the "plaintiff the benefit of every favorable inference, the evidence reveals that the cause of the plaintiffs accident is unknown and plaintiffs complaint must be dismissed . . . There was no admissible evidence of how the plaintiff was injured or what he was doing when he was injured." Further, plaintiff failed to submit an affidavit from a claimed eyewitness to the accident.