Practice point: In order to prevail on a § 240(1) cause of action, plaintiff must establish that the statute was violated and that the violation was a proximate cause of the injury.
Students should note that summary judgment is precluded only if the disputed facts related to material issues.
Case: Leconte v. 80 E. End Owners Corp., NY Slip Op 00359 (2d Dept. 2011)
Here is the decision.
Monday’s issue: Trial practice.
