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MALDONADO v. TOWNSEND AVENUE ENTERPRISES

294 A.D.2d 207 (2002)

741 N.Y.S.2d 696

EDWIN MALDONADO, Appellant, v. TOWNSEND AVENUE ENTERPRISES, LIMITED PARTNERSHIP, Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. SUPERMAN CONTRACTING CORP., Third-Party Defendant-Respondent.

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

Decided May 16, 2002.

While plaintiff has stated a prima facie case for relief under Labor Law § 240 (1) (see, John v Baharestani, 281 A.D.2d 114), we agree with the motion court that the contradictory evidence regarding how plaintiff's accident occurred raises a question of fact as to proximate cause. Accordingly, plaintiff's motion for partial summary judgment on liability was properly denied (see...

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