The IAS Court properly denied the motion for partial summary judgment as to liability on the claims asserted under Labor Law §§ 240 and 241. Plaintiff was allegedly injured when the ladder upon which he had to climb in order to perform his work swung free, lurching his body sideways and wrenching his back in the process. However, plaintiff provided conflicting versions of his alleged accident. Consequently, there exists a triable issue precluding summary judgment...
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