Gonzalez v Chatsworth Bldrs. LLC

Holding The court modified the lower court’s order to deny the plaintiff’s motion for summary judgment on liability under Labor Law § 240(1) because the defendants raised a triable issue of fact regarding the occurrence of the accident and the causal relationship of the injuries. The defendants’ evidence, including witness statements and expert medical opinions, was sufficient to preclude summary judgment.

The court’s words

defendants raised a triable issue of fact as to whether plaintiff's accident occurred

2026 NY Slip Op 06063, at the official text

these experts all opined that plaintiff did not experience the acute trauma

2026 NY Slip Op 06063, at the official text

Defendants' evidence, taken together, is sufficient to raise an issue of fact precluding summary judgment

2026 NY Slip Op 06063, at the official text