Summary: Cesar Rodriguez v. 3251 Third Avenue LLC, 80 A.D.3d 434, 914 N.Y.S.2d 142 (1st Dept. 2011) (Jan. 4, 2011). Plaintiff fell off an unsecured ladder while painting office space. Defendant attempted to raise an issue of fact as to whether the plaintiff was employed and whether his presence was authorized on the job site. Neither the plaintiff’s credibility nor version of the event was challenged.
Practice Note: The defendant submitted an unsworn statement of plaintiff’s employer, which the court held was hearsay.