KENEALLY v. 400 FIFTH REALTY LLC

10910, 112031/09.

110 A.D.3d 624 (2013)

973 N.Y.S.2d 632

2013 NY Slip Op 6993

DAVID R. KENEALLY, Respondent, v. 400 FIFTH REALTY LLC et al., Appellants.

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

Decided October 29, 2013.


Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 10, 2012, which, to the extent appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing plaintiff's claim under Labor Law § 241 (6), unanimously affirmed, without costs.

Industrial Code (12 NYCRR) § 23-1.12 (c) (1) is applicable because plaintiff was using a "power-driven saw" at the time of his accident within the meaning of that provision...

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