Hicks v. Montefiore Medical Center

—Order, Supreme Court, Bronx County (Harold Silver, J.), entered June 17, 1998, granting plaintiff’s motion for summary judgment under Labor Law § 240 (1), unanimously reversed, without costs, the motion denied and the matter remanded for further proceedings.

In his pleadings, plaintiff claimed that he had been walking on the scaffold when his foot struck a protruding piece of metal causing him to fall, and that he broke his left ankle as a result of the fall. However, the report of plaintiff’s treating physician indicates that the ankle was injured when he was struck by an object at a job…