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SAAVERDA v. EAST FORDHAM RD. REAL ESTATE CORP.

233 A.D.2d 125 (1996)

649 N.Y.S.2d 416

Sergio Saaverda, Appellant, v. East Fordham Road Real Estate Corp. et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1996

In an action under Labor Law sections §§ 200, 240 (1) and § 241 and the common law to recover damages for personal injury arising from plaintiff's fall from a ladder, the IAS Court properly denied plaintiff's motion for partial summary judgment since his deposition testimony concerning the manner in which the accident occurred is inconsistent with his own account provided in support of the motion (compare,...

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