Opinion
November 22, 1994
Appeal from the Supreme Court, New York County (Stuart C. Cohen, J.).
The IAS Court properly denied both the motion and the renewed motion for partial summary judgment as to liability with respect to the Labor Law § 240 (1) cause of action. The claim allegedly arose out of plaintiff's bodily injuries sustained in a fall from a scaffold upon which he was working, but plaintiff provided conflicting versions of his alleged accident.
Under the circumstances, the differing accounts of the accident present a triable issue precluding summary judgment and require that plaintiff's testimony be subjected to cross-examination and his credibility assessed by the fact finder at trial (see, Carlos v. Rochester Gen. Hosp., 163 A.D.2d 894; compare, Rodriguez v. New York City Hous. Auth., 194 A.D.2d 460).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Kupferman and Williams, JJ.