KAMOLOV v. BIA GROUP, LLC

2010-04239.

79 A.D.3d 1101 (2010)

UMIT JON KAMOLOV, Appellant, v. BIA GROUP, LLC, et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 28, 2010.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability on his cause of action pursuant to Labor Law § 240 (1). In opposition to the plaintiff's prima facie showing of entitlement to judgment as a matter of law on that cause of action, the defendants raised a triable issue of fact as to the manner in which the accident occurred (see e.g. Kumar v Stahlunt Assoc....

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