Plaintiff, while employed as a construction laborer, was injured when he fell from planks used to span a trench and provide access to foundation walls. While it is plain that the planks, which broke under plaintiff's weight, did not provide protection in accordance with the requirements of Labor Law § 240 (1), plaintiff's motion for summary judgment as to liability upon his Labor Law § 240 (1) claim was nonetheless properly denied since a factual issue was raised...
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