Aspromonte v. Judlau Contr., Inc.

Summary

The Appellate Division, First Department affirmed the denial of the plaintiff’s motion for partial summary judgment on liability under Labor Law § 240(1). Although the plaintiff’s testimony and corroborating evidence established a prima facie case, defendants’ expert affidavits raised a triable issue of fact concerning whether the accident occurred as described.

Holdings

1. Plaintiff established a prima facie entitlement to judgment as a matter of law through his testimony and corroborating witness testimony, but partial summary judgment was properly denied because defendants raised a triable issue of fact concerning the manner in which the accident occurred.

Questions Presented

1. Whether plaintiff was entitled to partial summary judgment on liability under Labor Law § 240(1) based on his account of an accident involving a rail that broke or gave way and caused him to fall down a shaft.
2. Whether defendants' expert evidence created a triable issue of fact regarding whether the accident occurred in the manner plaintiff described.

Disposition

affirmed