Kuhn v. Camelot Ass'n

Smith, J.P., and Garni, J.

(dissenting in part). We respectfully dissent in part. In our view, Supreme Court erred in granting plaintiffs motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim upon granting defendant’s motion for leave to reargue, inter alia, its opposition to plaintiffs motion. Defendant raised a triable issue of fact whether plaintiffs own conduct was the sole proximate cause of his injuries. The record establishes that, on the date of his accident, plaintiff was employed by nonparty Watkins Builders, Inc. (Watkins Builders) to perform…