Reyes v. Khan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In support of his motion for summary judgment on the issue of liability on his cause of action alleging a violation of Labor Law § 240 (1), the plaintiff submitted evidence suggesting that a proximate cause of his accident may have been the placement of the subject ladder on a loose soil surface and/or the failure to adequately secure the ladder in view of the rigorous nature of the work he was performing. Conversely, the defendant produced evidence indicating that the ladder was not defective and afforded proper protection for the task assigned to the plaintiff, and that the plaintiffs own…
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