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Summary Judgment Inappropriate Because of Triable Issue as to Fault

Friday, April 2, 2021 | 0

A New York appellate court ruled that a worker had not been entitled to summary judgment on his Labor Law claim because there was a triable issue as to whether his own conduct was the sole proximate cause of his accident. Case: Ward v. Corning Painted Post Area School District, No. 957 CA 19-01968, 03/19/2021, published. Facts: Patrick Ward allegedly suffered injuries when he fell from an extension ladder while carrying a 10-foot metal "pour stop" to the second floor of a building at a construction site. Procedural history: Ward filed suit against multiple defendants, asserting cl...

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