Opinion
October 29, 1998
Appeal from the Supreme Court, New York County (Carol Huff, J.).
Issues of fact exist, including whether plaintiff's injuries were caused by his alleged fall from an unsteady ladder or whether they resulted from his repetitive use of a shotgun nailing machine. We need not reach the question whether various reports, unsworn but arguably containing admissions against plaintiff's interest, constituted evidence in admissible form ( cf., Ferrara v. Poranski, 88 A.D.2d 904; Schanberg v. State of New York, 30 A.D.2d 712), because "evidence, otherwise excludable at trial, may be considered to deny a motion for summary judgment provided that this evidence does not form the sole basis for the court's determination" ( Wertheimer v. New York Prop. Ins. Underwriting Assn., 85 A.D.2d 540, 541).
Concur — Lerner, P. J., Milonas, Ellerin, Rubin and Williams, JJ.