Muhammad v. George Hyman Construction

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about May 17, 1994, which, insofar as appealed from, denied plaintiffs motion for summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.

We agree with the IAS Court that apparent inconsistencies between plaintiff’s deposition testimony and his affidavit in support of the motion raise an issue of fact whether the carpenter’s stud that allegedly struck plaintiff and caused him to fall from a ladder came from above him, and was thus an elevation-related hazard covered by…