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BORUCH v. MORAWIEC

51 A.D.3d 429 (2008)

857 N.Y.S.2d 103

PAWEL BORUCH, Appellant, v. MAREK MORAWIEC, Respondent.

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

Decided May 1, 2008.

Plaintiff construction worker was injured when his forearm and wrist came into contact with the blade of a miter saw. Although expert testimony on the question of whether a certain condition or omission was in violation of a statute or regulation is permissible (see Franco v Jay Cee of N.Y. Corp., 36 A.D.3d 445, 448 [2007]), the subject saw was unavailable and could not be examined by plaintiff's expert engineer. As a result, the...

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