RIVERA v. 15 BROAD STREET, LLC

2008-11314

76 A.D.3d 621 (2010)

906 N.Y.S.2d 333

JIMMY RIVERA, Appellant, et al., Plaintiff, v. 15 BROAD STREET, LLC, et al., Respondents, et al., Defendant. (Action No. 1.) JIMMY RIVERA, Appellant, v. PACE PLUMBING CORP., Respondent. (Action No. 2.) (And Other Titles.)

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

Decided August 17, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The issue of whether the machine the plaintiff Jimmy Rivera (hereinafter the plaintiff) was operating, a "core drilling machine" or "core borer," was a "hand tool" within the meaning of 12 NYCRR 23-1.10(b)(1) is a question of law for the court (see Szafranski v Niagara Frontier Transp. Auth., 5 A.D.3d 1111, 1113 [2004]). The Supreme Court correctly...

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