Eitner v. 119 West 71st Street Owners Corp.

Order, Supreme Court, New York County (Edward Lehner, J.), entered May 14, 1997, granting plaintiffs motion for partial summary judgment on the issue of defendant’s liability under Labor Law § 240 (1), unanimously reversed, on the law, without costs or disbursements, and the motion denied.

While we agree with the motion court that Labor Law § 240 (1) applies to this case (see, Joblon v Solow, 91 NY2d 457; Weininger v Hagedorn & Co., 91 NY2d 958), the inconsistencies in plaintiffs statements as to how his injury occurred raise a question of fact as to proximate cause and, thus, plaintiffs…