Boccia v. City of New York

Order, Supreme Court, Bronx County, (Yvonne Gonzalez, J.), entered October 6, 2006, which denied plaintiffs motion for partial summary judgment on his cause of action under Labor Law § 240 (1), unanimously affirmed, without costs.

Summary judgment in plaintiffs favor is precluded by an issue of fact as to whether plaintiff fell off the ladder because, as plaintiff claims, it “shifted” or “slipped” due to water, mud, concrete mortar, and other debris on the ground, or because, as defendants claim, plaintiff slipped on the ladder due to “wet concrete” or “wet cement” on his boots (compare…