Plaintiff's initial statement that he fell climbing the scaffold conflicts with the statement in his affidavit in support of the motion that he was standing on a scaffold when one of the planks came loose. Since plaintiff's version of the accident is inconsistent with other versions in the record, as to a material issue, a triable question of fact has been presented (see, Carlos v Rochester Gen. Hosp.,
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MADINYA v. CONSOL. EDISON CO. OF NEW YORK, INC.
202 A.D.2d 356 (1994)
609 N.Y.S.2d 17
Edwardo Madinya, Appellant, v. Consolidated Edison Company of New York, Inc., et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 29, 1994
March 29, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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