James Baden, a partner in our Purchase, New York office, successfully opposed a plaintiff’s summary judgment motion in a complicated Labor Law matter pending in the New York State Supreme Court, Queens County. The plaintiff was dismantling a scaffold, when he fell 10 feet through a wooden plank. The plaintiff moved for summary judgment on his Labor Law Section 240(1) claim. While the Court determined that the facts presented a prima facie Labor Law Section 240 violation, the Court also concluded that there is a triable issue of fact as to whether the plaintiff’s failure to utilize the safety equipment he was provided was the “sole proximate cause” of his accident.
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