Fact Issues Concerning Plaintiff’s Fault Precludes Summary Judgment in New York Labor Case (NY)
New York courts hold that comparative negligence is not a defense in cases involving a claim under Labor Law § 240(1). However, plaintiff’s fault can still form the basis for a defense and prevent plaintiffs from obtaining summary judgment as to a defendant’s liability under § 240(1). The Appellate Division, Second Department, recently addressed these […]