Yagual v. Hudson Canal LLC

Summary

The Appellate Division, First Department, affirmed an order granting the plaintiff summary judgment on liability under Labor Law §§ 240(1) and 241(6) and denying summary judgment to the defendants. The court held that the plaintiff's testimony that an A-frame ladder moved while he was standing on it established a prima facie Labor Law § 240(1) claim, and that the defendants failed to rebut that showing or raise a triable issue of fact.

Holdings

1. Plaintiff established a prima facie entitlement to summary judgment on Labor Law § 240(1) liability by submitting deposition testimony that the ladder moved while he was standing on it and caused him to fall.
2. Plaintiff was not required to make an affirmative showing that the ladder was defective to establish his prima facie entitlement to summary judgment under Labor Law § 240(1).
3. Defendants failed to rebut plaintiff's prima facie showing or raise a triable issue of fact because the video was not authenticated as accurately depicting the accident scene and minor inconsistencies in plaintiff's account were insufficient without contradictory evidence or credibility issues.

Questions Presented

1. Whether plaintiff established entitlement to summary judgment on liability under Labor Law § 240(1) based on his testimony that the ladder moved while he was standing on it and caused his fall.
2. Whether defendants raised a triable issue of fact through alleged discrepancies between plaintiff's account and a video of the accident location.
3. Whether plaintiff was required to make an affirmative showing that the ladder was defective.

Disposition

affirmed