BEAZER v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2076, 117030/04

76 A.D.3d 405 (2010)

906 N.Y.S.2d 218

EDWARD BEAZER, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Defendants, and BEY'S CONTRACTING, INC., Appellant.

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

Decided August 3, 2010.


Plaintiff was an employee of the construction manager for a project at Bellevue Hospital. He was injured while using an unguarded power grinder, which was owned by Beys, to cut exposed steel from a concrete floor. Conflicting testimony as to whether plaintiff selected the grinder from his employer's gang box or was given it by Beys presents an issue of fact whether there was a bailment of the grinder. If there was a bailment, a further triable issue arises as to whether the...

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