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EITNER v. 119 W. 71ST ST. OWNERS CORP.

253 A.D.2d 641 (1998)

677 N.Y.S.2d 555

Frank Eitner et al., Respondents, v. 119 West 71st Street Owners Corp., Appellant and Third-Party Plaintiff, et al., Third-Party Defendants

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

September 17, 1998

While we agree with the motion court that Labor Law § 240 (1) applies to this case (see, Joblon v Solow, 91 N.Y.2d 457; Weininger v Hagedorn & Co., 91 N.Y.2d 958), the inconsistencies in plaintiff's statements as to how his injury occurred raise a question of fact as to proximate cause and, thus, plaintiff's motion for partial summary judgment on liability should have been...

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