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FRESCO v. 157 EAST 72ND STREET CONDOMINIUM

2 A.D.3d 326 (2003)

769 N.Y.S.2d 536

RAMON FRESCO et al., Respondents, v. 157 EAST 72ND STREET CONDOMINIUM et al., Defendants, and DNA CONSTRUCTION CORP., Sued Herein as DNA CONSTRUCTION, Appellant and Third-Party Plaintiff-Appellant-Respondent. LUMAR RESTORATION CORP., Third-Party Defendant-Respondent-Appellant. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 2003.

Plaintiff was injured in the eye when a nail bounced up while he was hammering it through a precut metal plate into a block of wood. Plaintiff's case against the general contractor was submitted to the jury on theories of common-law negligence and a violation of Labor Law § 241 (6) based on 12 NYCRR 23-1.8 (a), which requires the furnishing of eye protection equipment to employees who, inter alia, are "engaged in any ... operation which may endanger the eyes." The jury...

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