The Appellate Division affirmed the denial of the defendant's motion for summary judgment dismissing the complaint in this action where the plaintiff, a nurse, alleges that she was injured when she was attacked by a patient at the healthcare facility where she worked. The defendant provided security for the facility pursuant to a contract. The Appellate Division noted that, while the motion court declined to credit a surveillance video offered by the defendant in support of its claim that the security guard arrived one minute after the plaintiff called for help, the court should not have considered the video at all for two reasons. First, as the motion court noted, it was offered with defendant's reply papers, and plaintiff had no opportunity to respond to it. Second, it was not authenticated, and thus did not constitute evidence in admissible form, as required on a motion for summary judgment.
Kuti v. Sera Sec. Servs., NY Slip Op 02153 (1st Dep't April 2, 2020)
Here is the decision.
