Credibility Question Prevents Summary Judgment on Labor Law Claim

A New York appellate court said triable issues with a worker’s credibility warranted a denial of summary judgment on his Labor Law claim. Case: Lahoz-Vargas v. Bop Ne LLC, No. 2023-03995, 08/20/2025, published. Facts: Edward Lahoz-Vargas was working at a construction site when an aluminum beam allegedly fell from a scaffold frame above him and struck him on the right knee. Procedural history: Lahoz-Vargas filed suit against Bop Ne LLC, asserting a claim for a violation of Labor Law Section 240(1). Section 240(1) imposes absolute liability on property owners, general contractors or th...