Plaintiff made a prima facie showing of a violation of section 240 (1) by his unrebutted testimony that he fell from an unsecured ladder. Defendants' opposition, consisting exclusively of unsworn hearsay statements from witnesses previously undisclosed in discovery, did not suffice to raise a triable issue of fact. The motion court accordingly erred in denying plaintiff's motion for partial summary judgment on his section 240 (1) claim.
Plaintiff testified that he...
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