Villanueva v. J.T. Magen — Summary Judgment Denied on Scaffold Law Claim Where Medical Records Suggest Lifting Injury, Not Falling Object
The First Department affirmed denial of § 240(1) summary judgment where a 350-pound duct fell on a construction worker, because medical records recorded by a treating physician described the injury as occurring during manual lifting—raising a triable issue on whether an elevation-related hazard was involved.