Court finds issue of fact based on statements in medical records.

The court denied summary judgment to the plaintiff on his Labor Law 241(6) claim based on conflicting versions of the accident in his testimony versus statements in the medical and workers’ compensation records. The medical records were properly considered in opposition to the motion, even though the statements in the records were not germane to treatment since they were admissions by the plaintiff. Moreover, even if hearsay, they are still admissible in opposition to the motion.

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