In Rodriguez v. 3251 Third Avenue, the plaintiff fell from an unsecured ladder while preparing to paint office space in the defendant’s building. The plaintiff moved for summary judgment under Labor Law 240(1) claiming that he was not provided with proper safety equipment. The owner opposed the motion by submitting an unsworn statement from the plaintiff’s employer stating that he did not know the plaintiff and the plaintiff did not work for him. The lower court denied the plaintiff’s motion, but the Appellate Division, First Department reversed holding that the plaintiff was entitled to the protections of the Labor Law and that the unsworn statement of the plaintiff’s employer was hearsay and unaccompanied by any other evidence to show that the plaintiff’s presence on the work site was unauthorized.

Thanks to Ed Lomena for his contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_00022.htm