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ROQUE v. 475 BLDG. CO., LLC

8998, 305076/14.

171 A.D.3d 543 (2019)

96 N.Y.S.3d 532

2019 NY Slip Op 02829

Anejandro Antonio Roque, Respondent, v. 475 Building Co., LLC, Appellant, et al., Defendant.

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

Decided April 16, 2019.

Plaintiff was injured when, while in the process of demolishing a sidewalk bridge at premises owned by defendants, a nail he was attempting to remove with a hammer struck him in the eye. Industrial Code (12 NYCRR) § 23-1.8 (a) states that eye protection equipment "suitable for the hazard involved shall be provided for and shall be used by all persons . . . while engaged in any . . . operation which may endanger the eyes." The issue of whether demolishing a sidewalk bridge...

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