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Conflicting Accounts of Accident, Possible Intoxication Preclude Summary Judgment

Tuesday, March 21, 2023 | 0

A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim based on conflicting evidence and whether he was intoxicated at the time of the accident. Case: Hernandez v. 46-24 28th St. LLC, No. 30345/18E, 03/09/2023, published. Facts: Guadalupe Patron Hernandez allegedly fell from an unsecured extension ladder that was leaning against the wall while he demolished a platform inside the third-floor office of a building owned by 46-24 28th St. LLC. Procedural history: Hernandez filed suit against 46-24 28th St., asserting a claim for...

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