SURDO v. ALBANY COLLISION SUPPLY, INC.


8 A.D.3d 655 (2004)

779 N.Y.S.2d 544

LEONARDO SURDO, Appellant, v. ALBANY COLLISION SUPPLY, INC., Respondent, et al., Defendants.

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

June 28, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Albany Collision Supply, Inc.

The plaintiff allegedly sustained permanent injuries when fragments of a grinding disk shattered or broke and struck his eye. At his deposition, the plaintiff, an experienced welder, testified that he always wore safety glasses when operating a grinder, but...

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