CPLR R. 3212 Motion for summary judgment
Lucas v Fulton Realty Partners, LLC, 2009 NY Slip Op 02567 (App. Div., 2nd, 2009)
The appellant's submission of unsworn workers' compensation forms,
completed by persons with no apparent firsthand information of how the
accident occurred, was insufficient to raise a triable issue of fact
with respect to the issue of causation (see Toussaint v Ferrara Bros. Cement Mixer, 33 AD3d 991, 992; Hanly v Quaker Chem. Co., Inc., 29 AD3d 860, 861; Bates v Yasin, 13 AD3d 474; Reed v New York City Tr. Auth., 299 AD2d 330, 332; Morissaint v Raemar Corp., 271 AD2d 586, 587; Daliendo v Johnson,
147 AD2d 312, 321). Accordingly, since there were no triable issues of
fact, summary judgment was properly awarded to the plaintiffs against
the appellant on the issue of liability on the Labor Law § 240(1)
causes of action.
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