Summary
In Jenkins v. Board of Managers of Southampton Meadows Condominium, 269 AD2d 427, 703 NYS2d 725, (2nd Dept 2000), the injured plaintiff was "required to walk across a plank that had been placed across a three-feet-deep trench at a construction site.
Summary of this case from Lewis v. Brighton OneOpinion
Submitted January 6, 2000
February 17, 2000
In an action to recover damages for personal injuries, the defendant Board of Managers of Southampton Meadows Condominium appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 7, 1998, as granted the plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240 Lab.(1) insofar as asserted against it.
McCabe, Collins, McGeough Fowler, LLP, Mineola, N.Y. (Patrick M. Murphy of counsel), for appellant.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff established his entitlement to partial summary judgment on the issue of liability under Labor Law § 240 Lab.(1). The plaintiff was required to walk across a plank that had been placed across a three-feet-deep trench at a construction site. While walking across the plank carrying a hose over his shoulder, the plank became dislodged and the plaintiff fell, sustaining injuries (see, Covey v. Iroquois Gas Transmission Sys., 89 N.Y.2d 952). In opposition, the appellant provided unsworn and hearsay statements that were insufficient to defeat the plaintiff's motion (see,Zuckerman v. City of New York, 49 N.Y.2d 557).