Thomas Brielmeier, Plaintiff–Respondent, v. LLC LLC (2021)

Supreme Court, Appellate Division, First Department, New York.

Thomas Brielmeier, Plaintiff–Respondent, v. Legacy Yards tenant, LLC, Defendant, Hudson Yards Construction LLC et al., Defendants–Appellants. Index No.

1310 0

Decided: February 11, 2021

Acosta, P.J., Kapnick, Singh, Mendez, JJ.

Case No.2020–02603

London Fischer LLP, New York (Brian P. McLaughlin of counsel), for appellants.

Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for respondent.

Order, Supreme Court, New York County (Robert D. Kalish, J.), entered October 21, 2019, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the Labor Law §§ 240(1) and 241(6) claims, unanimously affirmed, without costs.

The motion court correctly determined that plaintiff's inconsistent statements about how he was injured do not compel dismissal of his Labor Law §§ 240(1) and 241(6) claims. Rather they present issues of fact to be resolved by a jury according to their credibility determinations (see e.g. Buckley v. J.A. Jones/GMO, 38 AD3d 461[1st

Dept 2007]; Maldonado v Townsend Ave. Enters., Ltd. Partnership, 294 A.D.2d 207 [1st Dept 2002] ).

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