Munford v. Pressmad Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 25, 1999, which denied plaintiff’s motion for partial summary judgment on the issue of defendants-respondents’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.
Issues of fact preclude summary judgment, including whether plaintiff’s fall was caused not by defendants’ failure to provide him with a safe scaffold or ladder but by a seizure or fainting episode that plaintiff experienced just before he fell, and whether the injury that plaintiff alleges was sustained in a prior accident. Concur —…
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