Summary :Monica Harrison v. V.R.H. Construction Corp., 72 A.D.3d 547 (1st Dept. 2010)(Apr. 22, 2010). The court held that the plaintiff established a prima facie case because the ladder onwhich she was working “tilted” causing her to fall. The defendants in an attempt to raise an issue of fact relied on two-post accident reports which the court held was heresay and did not create an issue of fact.
Practice Note: In order to create an issue of fact, the opposing part must submit evidence in admissible form.