The motion court correctly determined that plaintiff's inconsistent statements about how he was injured do not compel dismissal of his Labor Law §§ 240(1) and 241(6) claims. Rather they present issues of fact to be resolved by a jury according to their credibility determinations (see e.g. Buckley v J.A. Jones/GMO,
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BRIELMEIER v. LEGACY YARDS TENANT, LLC
Index No. 151983/16. Appeal No. 13100. Case No. 2020-02603.
191 A.D.3d 499 (2021)
138 N.Y.S.3d 320
2021 NY Slip Op 00903
Thomas Brielmeier, Respondent, v. Legacy Yards Tenant, LLC, Defendant, and Hudson Yards Construction LLC et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 11, 2021.
Decided February 11, 2021.
Attorney(s) appearing for the Case
London Fischer LLP, New York ( Brian P. McLaughlin of counsel), for appellants.
Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for respondent.
Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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