Practice point: A motion to dismiss a cause of action under
§ 240(1) and § 241(6) must be denied when the record does not establish, as a matter of law, that plaintiff's acts were the sole proximate cause of the accident. The court will consider evidence that the unsecured ladder on which the injured worker was standing collapsed, and that no other safety devices were provided.
Case: Vargas v. NYCTA, NY Slip Op 06740 (1st Dept. 2008)
The opinion is here.
