The issue is deceptively simple. Hardly a week passes in which the Appellate Division does not approve the grant of summary judgment to the plaintiff under Labor Law §240, the so-called “scaffold statute.” But can summary judgment ever be appropriately awarded to the plaintiff pursuant to Labor Law §241(6)?
As Justice Jack M. Battaglia recently noted in his exhaustive analysis in Reynoso v. Bovis Lend Lease, LMB, the arguments, and authorities, go both ways.1
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