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SCOZ v. J&Y ELEC. & INTERCOM CO. INC.

488, 152630/12E.

137 A.D.3d 535 (2016)

27 N.Y.S.3d 523

2016 NY Slip Op 01763

ALDO SCOZ, Appellant, v. J&Y ELECTRIC AND INTERCOM COMPANY INC. et al., Respondents. (And a Third-Party Action.).

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

Decided March 15, 2016.

Plaintiff, an independent contractor, who intentionally used the wrong tool for the job, and rigged it a manner that he knew was unsafe, was the sole proximate cause of his accident (see Kerrigan v TDX Constr. Corp., 108 A.D.3d 468 [1st Dept 2013], lv denied 22 N.Y.3d 862 [2014]). The lack of guards or a spreader that may have been required by Industrial Code (12 NYCRR) § 23-1.12 (c...

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