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Questions of Fact Preclude Summary Judgment

Friday, March 1, 2024 | 0

A New York appellate court ruled that summary judgment for either party could not be granted in a Labor Law case. Case: Melendez v. Truffles II LLC, No. 27287/18, 02/15/2024, published. Facts and procedural history: Samuel Melendez allegedly suffered injuries while working at a property owned by Truffles II LLC. He filed suit against Truffles, asserting a claim for a violation of Labor Law Section 240(1), which imposes absolute liability on property owners, general contractors or their agents for failing to provide adequate safety devices to protect workers from harm directly flowing f...

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