MORTELLARO v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY


259 A.D.2d 968 (1999)

688 N.Y.S.2d 457

PAUL MORTELLARO et al., Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

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

Decided March 19, 1999.


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiffs' motion for partial summary judgment on the Labor Law § 240 (1) cause of action. There are questions of fact with respect to the manner in which the accident occurred and whether plaintiff Paul Mortellaro's conduct was the sole proximate cause of the accident (see, Weininger v Hagedorn...

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