KELMENDI v. 157 HUDSON STREET, LLC

42, 305940/09.

137 A.D.3d 567 (2016)

27 N.Y.S.3d 532

2016 NY Slip Op 01903

KUJTIM KELMENDI, Respondent, v. 157 HUDSON STREET, LLC, Appellant.

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

Decided March 17, 2016.


Plaintiff was cutting a metal bar on the roof of defendant's building when a saw blade broke off a hand-held power saw and a piece of it struck him in the neck. The two-foot-long electric saw, identified as a reciprocating saw, had a six-to-eight-inch long blade that was placed into the front end or head of the saw, which moved back and forth when in use. There was no guard over the blade. Plaintiff's Labor Law § 241 (6) claim is predicated upon a violation of Industrial...

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