Moore v. Elmwood-Franklin School

—Order reversed on the law without costs, motion denied, summary judgment granted to defendant and third cause of action dismissed. Memorandum: Plaintiff was straddling the peak of a roof when his foot slipped and he slid several feet down the roof before his fall was stopped. Plaintiff sustained severe burns during the fall when hot tar that he had been pouring spilled on him. Supreme Court granted plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). That was error.

Although plaintiff was working at an elevated worksite, plaintiff’s slide several feet down…