Summary judgment in any party's favor on plaintiff's Labor Law § 240(1) claim is precluded by issues of fact as to whether, and to what extent, plaintiff's employer directed him to use a safety harness, and whether plaintiff's failure to abide by any such direction rendered him a recalcitrant worker and, thus, the sole proximate cause of his accident (see Biaca-Neto v Boston Rd. II Housing Dev. Fund Corp, 34 N.Y.3d 1166, 1168 [2020]).
Defendants' argument...
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