Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The plaintiff alleges that, while working as a mason tender, he was struck in the shoulder by a brick which fell from a scaffold. No one else at the construction site saw a brick hit the plaintiff. However, the defendants submitted evidence which raised an issue of fact regarding the plaintiff's credibility (see, Lardaro v New York City Bldrs. Group,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
