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HERNANDEZ v. SEADYCK REALTY CO., LLC

618, 157770/12.

137 A.D.3d 656 (2016)

29 N.Y.S.3d 5

2016 NY Slip Op 02172

ANGEL HERNANDEZ, Respondent, v. SEADYCK REALTY CO., LLC, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided March 24, 2016.

Plaintiff was injured when a grinder he was using to cut a hole in a wooden bathroom vanity kicked back on him, cutting his hand and wrist. Plaintiff testified that when his employer gave him the grinder to complete his assigned task, it did not have a grinding disk or a guard attached, but instead, had a saw blade with large teeth for cutting wood. We are constrained by recent precedent to find that it is irrevelant whether the...

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