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OPALINSKI v. CITY OF NEW YORK

2019-08698. Index No. 11177/09.

205 A.D.3d 917 (2022)

168 N.Y.S.3d 116

2022 NY Slip Op 03245

Witold Opalinski, Appellant, v. City of New York et al., Respondents.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Lipsig Shapey Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Kenneth J. Gorman ], of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY ( Judy C. Selmeci of counsel), for respondents.

Brathwaite Nelson, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order dated April 10, 2019, is affirmed, with costs.

On July 23, 2008, the plaintiff was working on a renovation project at a New York City public school when the hand-held angle grinder he was holding spun out of control and the blade allegedly cut into his left hand. On April 29, 2009, the plaintiff commenced this action alleging common-law negligence and violations of Labor Law §§ 200, 240...

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