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KUMAR v. STAHLUNT ASSOCIATES, LLC.

3 A.D.3d 330 (2004)

769 N.Y.S.2d 884

ASHOK KUMAR, Appellant, v. STAHLUNT ASSOCIATES, LLC, et al., Respondents, et al., Defendants.

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

January 8, 2004.

The differing accounts of the manner in which plaintiff's construction site accident occurred and the conflicting expert affidavits as to which protective devices should have been utilized raise triable issues of fact as to whether the safety devices provided afforded proper protection (see Weber v 1111 Park Ave. Realty, 253 A.D.2d 376 [1998]), and whether plaintiff's conduct constituted the sole proximate cause of the accident ...

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