GUITY v. [And a Third–Party Action] (2020)

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 21, 2019, which granted plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) claim against defendant Nicolia's LLC, unanimously affirmed, without costs.

Plaintiff made a prima facie showing that he was injured while performing demolition work at defendant's premises, when he fell through a partially collapsed roof, and that he was not provided with proper safety equipment to protect him against the elevation-related risk (see Mihelis v. i.park Lake Success, LLC, 56 A.D.3d 355, 867 N.Y.S.2d 438 [1st Dept. 2008];  Ortiz v. SFDS Dev., 274 A.D.2d 341, 712 N.Y.S.2d 94 [1st Dept. 2000]).  In opposition, defendant failed to raise a triable issue of fact.  The unsigned, unverified letter relied upon by defendant, which is purported to set forth a contradictory account of how the accident occurred, is not admissible, and, in any event, fails to raise a triable issue of fact (see Taylor v. One Bryant Park, LLC, 94 A.D.3d 415, 941 N.Y.S.2d 142 [1st Dept. 2012]).

We have considered defendant's remaining contentions and find them unavailing.