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RAMIREZ v. CABLEVISION SYSTEMS CORP.

271 A.D.2d 424 (2000)

707 N.Y.S.2d 129

RAYMUNDO RAMIREZ, Appellant, v. CABLEVISION SYSTEMS CORP., Defendant and Third-Party Plaintiff-Respondent-Appellant. TELECOMMUNICATIONS CABLE CORPORATION, Third-Party Defendant-Respondent.

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

Decided April 3, 2000.

Ordered that the order is affirmed, without costs or disbursements.

The evidence submitted does not exclude the possibility that some factor other than the alleged violation of Labor Law § 240 (1) might have been the proximate cause of the accident, and the plaintiff thus failed to establish his right to summary judgment on the issue of liability under that statute (see, Fernicola v Benenson Capital Co., 252 A.D.2d 567

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