FRASER v. PACE PLUMBING CORP.

7240, 109320/08.

93 A.D.3d 616 (2012)

941 N.Y.S.2d 114

2012 NY Slip Op 2407

OLIVER FRASER, Respondent, v. PACE PLUMBING CORP., Appellant, and 75 WALL ASSOCIATES, LLC, et al., Respondents, et al., Defendants. 75 WALL ASSOCIATES, LLC, et al., Third-Party Plaintiffs, v. FMC CONSTRUCTION, LLC, Third-Party Defendant-Respondent.

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

Decided March 29, 2012.


The motion court properly denied Pace's motion for summary judgment in this action where plaintiff was injured when the scaffold on which he was standing slipped into an open, uncovered hole in the concrete floor, and tipped over. The record shows that the contract between Pace and the construction manager of the renovation project required Pace to cut, fit, patch and protect its work. Although the specifications portion of the contract provides that the openings left in...

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