Case Summary : 2165 & Milton Moracho v. Open Door Family Medical Center, Inc., 74 A.D.3d 657, 906 N.Y.S.2d 7 (1st Dept. 2010) (June 24, 2010)

Summary: 2165 & Milton Moracho v. Open Door Family Medical Center, Inc., 74 A.D.3d 657, 906 N.Y.S.2d 7 (1st Dept. 2010) (June 24, 2010). Plaintiff, an asbestos worker, was injured when he fell through an open skylight on the roof of a building. The court held that the trial court improperly granted the plaintiff’s motion for summary judgment under §240(1) because of the conflicting testimony as to whether a safety vest was available, whether the plaintiff was aware of the expectations that he would tie off and “he chose for no good reason not to do so.”

Practice Note: The court also considered and defined the duties of a general contractor.