Gomez v Brookfield Props. One WFC Co., LLC

Summary

The Appellate Division, First Department reversed an order denying Jimmy Mejia Gomez's motion for summary judgment on liability under New York Labor Law § 240(1). The court held that Gomez established prima facie entitlement to judgment based on his testimony that an eight-foot A-frame ladder moved and caused his fall, and that the defendants failed to raise a triable issue of fact or show that the motion was premature.

Holdings

1. Plaintiff established prima facie entitlement to summary judgment on his Labor Law § 240(1) cause of action through his testimony that the ladder moved from side to side and caused him to fall.
2. The statements in plaintiff's post-accident medical and investigation reports did not create a triable issue of fact because, even if considered, they were not inconsistent with his testimony that the ladder moved and caused his fall.
3. Defendants failed to establish that plaintiff's motion was premature or that a nonspeculative basis existed to require further discovery.
4. Tulla's argument lacked merit because the pleadings were filed electronically and were available to the parties and the court.

Questions Presented

1. Whether plaintiff established prima facie entitlement to summary judgment on liability under Labor Law § 240(1) through testimony that an A-frame ladder moved and caused his fall.
2. Whether defendants raised a triable issue of fact based on plaintiff's statements in post-accident medical and investigation reports that he lost his balance.
3. Whether defendants established a nonspeculative basis for deeming plaintiff's summary-judgment motion premature and requiring further discovery.
4. Whether Tulla Construction Corp. could claim lack of access to the pleadings when the pleadings had been filed electronically and were available to the parties and court.

Disposition

reversed