In Amerson v. Melito Construction Corp. (45 AD3d 708 [2d Dept 2007]) plaintiff, was working for a masonry subcontractor for the construction of a concrete block wall for a new supermarket when he was struck in the head by a concrete block which fell from the top of the wall where the masons were working. Plaintiff wore a hard hat and was equipped with a chipping hammer, scraper etc., in order to perform his work. The Second Department found that the area where the plaintiff was required to work was one which was "normally exposed to falling material or objects" and therefore fell within the ambit of the 12 NYCRR 23-1.7(a)(1). The Court found that an issue of fact existed as to whether the falling of a concrete block or portion thereof was foreseeable and "whether the equipment, operation or conduct at the worksite was reasonable and adequate under the particular circumstances."