Moracho v. Open Door Family Medical Center, Inc.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 4, 2009, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for summary judgment as to liability on his Labor Law § 240 (1) claim against defendant Open Door and the Scully defendants (Scully), and denied Open Door’s cross motion for summary judgment dismissing the Labor Law § 240 (1) claim and Scully’s cross motion for summary judgment dismissing the section 240 (1) and section 241 (6) claims, unanimously modified, on the law, to deny plaintiffs motion, and otherwise affirmed,…