Second Department Denies Summary Judgment to Plaintiff On His Labor Law § 241(6) Claim Where Issues of Fact Remain as to Plaintiff's Comparative Fault

In Cardenas v. 111-127 Cabrini Apartments Corp., the plaintiff was injured while painting when he fell from a ladder that had a defective supporting bracket that could become unlocked without warning. He commenced an action against the defendant alleging, in part, violations of Labor Law §§240(1) and 241(6). On the plaintiff's motion for partial summary judgment on liability, the lower court granted the plaintiff summary judgment pursuant to both Labor Law §§240(1) and 241(6). On appeal, the Second Department modified only insofar as the Court denied the plaintiff summary judgment on his section 241(6) claim - the Court affirmed summary judgment on the section 240(1) claim. The Court found that, although the Industrial Code provision relied on by the plaintiff had been violated, issues of fact nevertheless remained as to the plaintiff's comparative negligence. (see our recent blog post regarding comparative negligence and its affect on summary judgment here)