Jordan v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered May 29, 2013, which granted plaintiffs motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Defendant’s argument that plaintiff failed to establish with admissible evidence how the accident happened, since the unsworn written statements by the workers who were doing the hoisting and witnessed the accident were inadmissible, is unpreserved, as it is improperly raised for the first time on appeal (see Stier v One Bryant Park LLC, 113 AD3d 551 [1st…
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