GILLETTE v. VSA DEV. CORP.


255 A.D.2d 417 (1998)

682 N.Y.S.2d 597

Robert Gillette et al., Respondents, v. VSA Development Corporation et al., Appellants. (And a Third-Party Action.)

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

November 16, 1998


Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The Supreme Court erred in granting the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 (1), as questions of fact exist as to whether (1) the safety device provided by the defendants was so placed as to give proper protection to the injured plaintiff, and (2) the injured plaintiff's own actions were the sole proximate cause...

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