BONILLA v. PETRILLO REALTY DEV. CORP.


237 A.D.2d 115 (1997)

655 N.Y.S.2d 340

Hector Bonilla, Appellant, v. Petrillo Realty Development Corp., Respondent

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

March 4, 1997


In an action alleging violation of Labor Law § 240 (1) and common-law negligence arising from plaintiff's alleged backward fall from a ladder, the court properly denied plaintiff's motion for summary judgment. Plaintiff's deposition testimony, taken in light of other submissions on the motion, raises credibility questions precluding summary judgment. Nor was it conclusively established that lack of safety devices constituted a failure to provide "proper protection" in...

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