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BUNDO v. 10-12 COOPER SQUARE, INC.

1496, 104843/11.

140 A.D.3d 535 (2016)

34 N.Y.S.3d 31

2016 NY Slip Op 04814

ALTIN BUNDO, Appellants, v. 10-12 COOPER SQUARE, INC. et al., Respondents, et al., Defendant.

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

Decided June 16, 2016.

The injured plaintiff's testimony that debris flew into his eye while he was grinding stone without wearing protective goggles established prima facie defendants' liability under Labor Law § 241 (6), predicated on a violation of Industrial Code (12 NYCRR) § 23-1.8 (a) ("Eye protection") (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501-502 [1993]). Contrary to defendants' contention, there is no evidence of...

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