Civil Procedure · MBE-tested
Stephen Munford et al., Appellants, v. Pressmad Corp. et al., Respondents, et al., Defendants
277 A.D.2d 135716 N.Y.S.2d 303·New York Supreme Court, Appellate Division·2000·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Stephen Munford et al., Appellants, v Pressmad Corp. et al., Respondents, et al., Defendants.
[716 NYS2d 303]
[MAJORITY]
—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 25, 1999, which denied plaintiff’s motion for partial summary judgment on the issue of defendants-respondents’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.
Issues of fact preclude summary judgment, including whether plaintiff’s fall was caused not by defendants’ failure to provide him with a safe scaffold or ladder but by a seizure or fainting episode that plaintiff experienced just before he fell, and whether the injury that plaintiff alleges was sustained in a prior accident. Concur — Sullivan, P. J., Rubin, Saxe, Buckley and Friedman, JJ.