Summary judgment dismissing plaintiff's Labor Law § 240 (1) claim was properly denied since the evidence showing that the scaffold utilized by plaintiff tipped when plaintiff and his coworker, "very near" to each other, exchanged places causing both of them to fall to the ground, did not permit the court to conclude, as a matter of law, that plaintiff's act of unhooking his safety belt was the sole proximate cause of his harm (see Fajardo v. Trans World Equities Co...
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