Differing Accounts of Worker's Accident Require Denial of Summary Judgment

A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim because of differing versions of the alleged accident presented by him and a witness. Case: Villalta v. Tonka Realty on 5th LLC, No. 2024-01856, 04/16/2025, published. Facts: Jose Villalta allegedly suffered injuries while working on a demolition project at a property owned by Tonka Realty on 5th LLC. According to Villalta, he had been instructed to use a rubber-footed metal ladder on plywood flooring to go from the first floor to the second floor of the worksite. As he ...