The New York Court of Appeals will hear oral argument today in Sanchez v. Nat'l R.R. Passenger Corp., among other appeals (here is the summary). The case addresses an interesting issue concerning evidentiary proof in a summary judgment motion. The appeal turns on when the plaintiff's accident occurred; there is a statute of limitations issue here. At her deposition, the plaintiff could not recall the exact date of her accident. An accident report places the accident at an earlier date than the date the plaintiff alleges in her verified pleadings.
The Court will address whether, even in the face of the plaintiff's deposition testimony, her verified pleading can raise a material issue of fact regarding the date when the accident occurred and, as such, when her claim accrued for statute of limitations purposes.