Practice point: Plaintiff alleged that he fell and sustained injuries when the ladder on
which he was standing while painting a foyer outside third-party
defendant's apartment twisted and then slipped out
from underneath him. However, the affidavit of the third-party defendant, who
hired plaintiff's employer and was in his apartment at the time of the
accident, states that no ladders were being used on the project on the
date of the alleged accident. Accordingly, the affidavit raised an issue
of fact concerning whether plaintiff's accident occurred as alleged. In
addition, defendant submitted medical reports wherein plaintiff was
quoted as providing a different description of the accident from that
alleged.
Student note: Even if the reports are hearsay, they
may be submitted in opposition to plaintiff's motion, and may bar
summary judgment when considered in conjunction with other evidence.
Case: Marquez v. 171 Tenants Corp., NY Slip Op 03174 (1st Dept. 2013).
Here is the decision.
Monday's issue: Defects too trivial to be actionable.
