Hemmings v. St. Marks Housing Assoc

In Hemmings v. St. Marks Housing Assoc., 272 AD2d 442 [2d Dept 2000] plaintiff was denied summary judgment where plaintiff relied upon his deposition testimony, which indicates that he was knocked unconscious and that his co-workers subsequently advised him that he had been struck in the head by a falling beam. None of the alleged witnesses was deposed, and the plaintiff did not submit affidavits from these witnesses to corroborate how the accident occurred. The Court held that under these circumstances, the plaintiff failed to establish as a matter of law the manner in which the accident occurred to warrant an award of summary judgment in his favor.