The motion court should have denied plaintiff's motion for partial summary judgment as to liability under Labor Law § 240(1). Plaintiff testified at his deposition that an unsecured metal beam on a barella cart fell and struck him after a coworker moved the cart. All Island's project manager, however, testified that, in conversation after the accident, plaintiff had admitted to him that the metal beam slipped out of his hand. These two versions of how the accident happened...
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