Partial summary judgment in plaintiff's favor on the Labor Law § 240(1) claim is precluded by issues of fact as to how the accident occurred, including whether it was a piece of cross bracing or a walking plank that broke, and whether plaintiff's climbing on the scaffold's cross bracing instead of using the scaffold's stairs when moving between platform levels was its sole proximate cause (Biaca-Neto v Boston Rd. II Hous. Dev. Fund Corp., 34 N.Y.3d 1166, 1168...
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