Restrepo v. Yonkers Racing Corp.

Order, Supreme Court, New York County (Paul Wooten, J.), entered August 8, 2011, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion for'partial summary judgment on the issue of liability on his claims under Labor Law §§ 240 (1) and 241 (6) to the extent it is predicated on a violation of 12 NYCRR 23-1.7 (b) (1), unanimously reversed, on the law, with costs, and summary judgment granted to plaintiff on these claims.

Plaintiff was injured when an access door in the floor of the soffit, or attic, where he was working opened downward, causing him to fall…