ONCE v. SERVICE CTR. OF N.Y.

7886, 109720/05.

96 A.D.3d 483 (2012)

947 N.Y.S.2d 4

2012 NY Slip Op 4414

SEGUNDO ONCE et al., Respondents, v. SERVICE CENTER OF NEW YORK et al., Defendant, and 218 W 72ND ST. REALTY CORP. et al., Appellants.

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

June 7, 2012.


In cases involving a claim pursuant to Labor Law § 241 (6), contributory and comparative negligence are viable defenses (see Rizzuto v L.A. Wenger Contr. Co., 91 N.Y.2d 343, 350 [1998]). However, contrary to appellants' contention, no evidence of culpable conduct on the part of plaintiff was shown here. The jury found that the power saw provided by appellants had no guard, in violation of Industrial Code (12 NYCRR) § 23...

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