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TUAPANTE v. LG-39, LLC

2015-08984. Index No. 23091/12.

151 A.D.3d 999 (2017)

58 N.Y.S.3d 421

2017 NY Slip Op 05113

MANUEL TUAPANTE, Respondent, v. LG-39, LLC, et al., Appellants, et al., Defendant.

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

Decided June 21, 2017.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff was injured while working on premises owned by the defendants LG-39, LLC, and Element New York Times Square West (hereinafter together the LG-39 defendants). The plaintiff testified at his deposition that he was cutting a piece of plywood using a handheld electric grinder which lacked a protective guard, and that he complained to his supervisor about the lack...

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