Madinya v. Consol. Edison Co. of New York

Full title: EDWARDO MADINYA, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 29, 1994

202 A.D.2d 356 (N.Y. App. Div. 1994)

609 N.Y.S.2d 17

Opinion

March 29, 1994

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).

Plaintiff's initial statement that he fell climbing the scaffold conflicts with the statement in his affidavit in support of the motion that he was standing on a scaffold when one of the planks came loose. Since plaintiff's version of the accident is inconsistent with other versions in the record, as to a material issue, a triable question of fact has been presented (see, Carlos v. Rochester Gen. Hosp., 163 A.D.2d 894).

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Williams, JJ.