BRADY v. CITY OF NEW YORK


52 A.D.3d 331 (2008)

859 N.Y.S.2d 193

MICHAEL P. BRADY et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 12, 2008.


Plaintiff relies on 12 NYCRR 23-1.25 (d) as the predicate for liability under Labor Law § 241 (6). That section requires that all persons engaged in welding and flame cutting operations "be provided with approved eye protection suitable for the work involved and appropriate protective apparel." (§ 23-1.25 [d].) We find that it is sufficiently concrete to support a section 241 (6) claim and is applicable to plaintiff's claim. Plaintiff contends that he should have...

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