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WILLIAMS v. RIVER PLACE II, LLC

2529, 300091/09.

145 A.D.3d 589 (2016)

2016 NY Slip Op 08599

43 N.Y.S.3d 347

ATHLYN WILLIAMS, Appellant, v. RIVER PLACE II, LLC, et al., Respondents, et al., Defendants.

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

Decided December 22, 2016.

Plaintiff claims he was injured while using a power saw with a blade with broken teeth. He further claims he twice asked his supervisor for a replacement blade which was not furnished.

Plaintiff argues that the Labor Law § 241 (6) claim is properly supported by violations of Industrial Code (12 NYCRR) §§ 23-1.5 (c) (3) and 23-1.12 (c) (1). There is no evidence that 12 NYCRR 23-1.12 (c) (1), which requires that a power saw be equipped with "a movable...

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