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BEAZER v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

No. 232.

18 N.Y.3d 833 (2011)

962 N.E.2d 256

938 N.Y.S.2d 835

2011 NY Slip Op 8998

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

Court of Appeals of New York.

Decided December 15, 2011.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City ( Joel M. Simon and Marcia K. Raicus of counsel), for appellant.

David Horowitz, P.C., New York City ( Steven J. Horowitz of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff Edward Beazer sliced his left thumb while using an unguarded angle grinder to cut a piece of exposed hollow steel tube out of a concrete floor at a construction site at Bellevue Hospital Center in New York City. At the time, plaintiff was employed by Turner Construction Company, the...

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