I today discuss two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022.

One issue arises when a plaintiff moves for summary judgment under Labor Law §240. Of course, on such a motion, the plaintiff must prove there was a statutory breach, and also that the breach was a proximate cause of the subject accident. The issue is whether the plaintiff must additionally anticipate and disprove that he or she was the “sole proximate cause” of the statutory violation. Until recently, the answer seemed fairly clear, but the picture is now muddled by some Fourth Department pronouncements.

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