ALESIUS v. GOOD SAMARITAN HOSPITAL

Appellate Division of the Supreme Court of New York, Second Department.

Apr 12, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly denied their motion for summary judgment on the issue of liability pursuant to Labor Law § 240(1). Triable issues of fact exist as to whether the injured plaintiff (hereinafter the plaintiff) was provided with proper protection, and if proper protection was not supplied, whether this was a contributing cause of his fall or was the plaintiff's conduct the sole proximate cause of the accident ( see Blake v. Neighborhood of Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 287; Woods v. Gonzales, 295 A.D.2d 602, 603; Williams v. Dover Home Improvement, 276 A.D.2d 626, 627; Bahrman v. Holtsville Fire Dist., 270 A.D.2d 438, 439).

RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.