Triable Questions Foreclose Summary Judgment

A New York appellate court overturned a grant of summary judgment for a worker on his Labor Law claim, finding triable issues remained as to the circumstances of his alleged accident. Case: Simpertegui v. Carlyle House Inc., No. 27911/17, 05/09/2024, published. Facts: Eyder Simpertegui was allegedly injured while removing and replacing bricks on a building at a construction site. According to Simpertegui, he had climbed an extension ladder to retrieve materials when the ladder suddenly moved, causing him to fall. Procedural history: Simpertegui filed suit against Carlyle House Inc., a...