CHARLES v. SUMMIT GLORY LLC

11096.

180 A.D.3d 572 (2020)

119 N.Y.S.3d 462

2020 NY Slip Op 01270

Joseph Charles, Appellant, v. Summit Glory LLC et al., Respondents.

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

Decided February 20, 2020.


Plaintiff was injured when his right forearm was struck by a metal shard that flew from the "mushroomed" head of a "drift pin" that a coworker was hammering with a sledgehammer. A drift pin is a tapered metal hand tool that is hammered into the holes of steel beams to align them, and once the holes are aligned, the drift pin is removed and a bolt is put through the holes to secure the beams. According to defendants' proof, the subject drift pin was about one foot long, one...

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