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—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about October 19, 1999, which denied plaintiff’s motion for summary judgment
*71 on the issue of defendant’s liability under Labor Law § 240 (1), unanimously affirmed, without costs.The motion was properly denied. Plaintiffs supervisor’s affidavit raises issues of fact as to whether plaintiffs injury was caused by a fall not from a ladder but down some stairs, and even as to whether there was a ladder at the work site (cf., Klein v City of New York, 89 NY2d 833, 835). Concur — Williams, J. P., Tom, Rubin and Andrias, JJ.
Document Info
Citation Numbers: 270 A.D.2d 70, 704 N.Y.S.2d 815
Filed Date: 3/9/2000
Precedential Status: Precedential
Modified Date: 1/13/2022