A New York appellate court ruled that a construction worker was entitled to summary judgment on his Labor Law claim — not because of the doctrine of collateral estoppel, but because the undisputed evidence established that he was not the sole proximate cause of his injuries after a fall from a scaffold.
Case: Griffin v. AVA Realty Ithaca, No. 524012, 05/11/2017, published.
Facts: David Griffin and Patrick Gerrard suffered injuries in January 2013 while building a masonry elevator shaft in a building owned by AVA Realty Ithaca.
AVA had hired Varish Construction as a general c...
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