Inconsistencies in Worker's Testimony Didn't Foreclose Summary Judgment

A divided New York appellate court panel ruled that a worker was entitled to summary judgment on his Labor Law claim for a fall from a makeshift platform, despite his inconsistent accounts of how the accident occurred. Case: Cooper v. Delliveneri, No. 526328, 11/01/2018, published. Facts: David Delliveneri hired Darin Cooper to install siding at his rental property. While engaged in work, Cooper fell from a makeshift elevated platform and broke his ankle. At the time of his fall, Cooper was installing siding above a staircase running along the side of the building. Although Delliveneri had...