In an interesting twist, a New York appeals court held in a June 15 decision that a defendant can rely upon notations in a construction worker's medical records to defeat his claim that his construction site accident was caused by faulty - or non-existent - safety equipment.

While a closer reading of this decision, in Wilson v. Yemen Realty Corp. suggests that the Bronx trial court - and the appellate court above it - were disinclined to grant anyone summary judgment, and thereby make a determinative finding of liability when not even one deposition had been held, it is nevertheless interesting in that it confirms one more way and reason why fewer New York construction site accident cases are succeeding.