It occurred some time in the summer of 1990. Defendant also moves for dismissal on proximate cause grounds, asserting that plaintiff has not established any injury caused by the fall. Plaintiff opposes, and has also moves for partial summary judgment on liability. It is true that plaintiff cannot say when the accident took place. Since the defendants cannot show this as a matter of law, summary judgment on this issue cannot be granted.
Summary judgment is also improper on the proximate cause issue.
Indeed, it was happenstance that the stairway was uncovered while the pit was being dug. Instead of demolishing it upon discovery, it was utilized by the workers and was demolished after the work was done. Obviously this decision was made to enable the workers to use the staircase only for purposes of the excavation. As such, the staircase was effectively furnished and operated by defendants within the meaning of the statute. Notably, the staircase was used much the same as the ladder that was provided at the worksite.