Bogenrieder v. Crippen Heating & Air Conditioning

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Ernest Bogenrieder (plaintiff), an employee of a heating, ventilation and air conditioning (HVAC) supplier, was allegedly injured when he slipped and fell on the flat-topped roof of a church social hall under construction. Plaintiff volunteered to go to the work site after the HVAC subcontractor, defendant Crippen Heating & Air Conditioning (Crippen), told him that there was a problem with certain materials that plaintiffs employer had supplied. Plaintiff offered to “take…