Macchia v. Nastasi White, Inc.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered July 5, 2005, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion for partial summary judgment, unanimously affirmed, without costs.

In the present circumstances, a material issue of fact as to whether the accident happened as plaintiff claims precludes summary disposition of the Labor Law § 240 (1) claim (see Manna v New York City Hous. Auth., 215 AD2d 335 [1995]). Plaintiff argues that defendants have not submitted any evidence to contradict his account. However, his own foreman…