Although the raised metal door frame on which plaintiff tripped was open, obvious and readily observable, this fact only eliminated defendant contractors' duty to warn of the hazardous condition; it did not negate their broader duty to maintain the workplace in a reasonably safe condition. Accordingly, plaintiff's failure to observe the door frame goes only to the question of comparative negligence (see Garrido v City of New York,
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DEJESUS v. F.J. SCIAME CONSTRUCTION CO., INC.
20 A.D.3d 354 (2005)
799 N.Y.S.2d 449
BENJAMIN DEJESUS et al., Respondents, v. F.J. SCIAME CONSTRUCTION CO., INC., Respondent, and COMPLETE CONSTRUCTION CONSORTIUM, INC., Appellant. F.J. SCIAME CONSTRUCTION CO., INC., Third-Party Plaintiff-Respondent, v. COMPLETE CONSTRUCTION CONSORTIUM, INC., et al., Third-Party Defendants-Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
July 21, 2005.
July 21, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
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