Labor Law §240 Versus §241(6): The Summary Judgment Issue

, New York Law Journal

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In his Construction Accident Litigation column, Brian J. Shoot, a partner with Sullivan Papain Block McGrath & Cannavo, writes: Hardly a week passes in which the Appellate Division does not approve the grant of summary judgment to the plaintiff under Labor Law the so-called "scaffold statute." But can summary judgment ever be appropriately awarded to the plaintiff pursuant to Labor Law §241(6)? The arguments, and authorities, go both ways.

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