SZPAKOWSKI v. SHELBY REALTY, LLC


48 A.D.3d 268 (2008)

851 N.Y.S.2d 487

MAREK SZPAKOWSKI et al., Respondents, v. SHELBY REALTY, LLC, Respondent-Appellant, and FORTHRIGHT DEVELOPMENT COMPANY, LLC, Appellant-Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided February 14, 2008.


Plaintiffs met their initial burden on their motion for summary judgment by producing evidence that the defective wood planking of the scaffold had collapsed. In opposition, defendants failed to raise a triable issue of fact as to whether the injured plaintiff's conduct was the sole proximate cause of the accident (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280 [2003]). Although this plaintiff, a crew supervisor...

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