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.,
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