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MORACHO v. OPEN DOOR FAMILY MEDICAL CENTER, INC.

103377/07, M164.

74 A.D.3d 657 (2010)

906 N.Y.S.2d 7

MILTON MORACHO, Respondent, v. OPEN DOOR FAMILY MEDICAL CENTER, INC., Appellant-Respondent, and SCULLY CONSTRUCTION CORP. et al., Appellants, et al., Defendant.

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

Decided June 24, 2010.

Plaintiff, an employee of nonparty Asbestos Corporation of America (ACA), was injured when he fell through an open skylight on the roof of the building owned by Open Door, and landed on the floor below. The building, which had previously been a furniture warehouse and showroom, was undergoing a gut renovation so as to be refit as a medical space. Scully was the general contractor on the job. The asbestos abatement work on the roof was done pursuant to a contract between Open...

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