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JACOBUS v. BLACK & DECKER (U.S.), INC.

8 A.D.3d 443 (2004)

778 N.Y.S.2d 300

JEREMY JACOBUS, Plaintiff, v. BLACK & DECKER (U.S.), INC., Defendant and Third-Party Plaintiff-Appellant, 10 COLONIAL AVENUE, LLC, Defendant and Third-Party Plaintiff-Respondent; LEWIS & SON CONSTRUCTION CORP., Third-Party Defendant.

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

June 14, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant third-party plaintiff and third third-party plaintiff, 10 Colonial Avenue, LLC (hereinafter Colonial), hired a contractor to perform renovations in an office building it owned. The plaintiff, an employee of the contractor, was injured while using a table saw that lacked a protective guard to cover its blade, as required by the Industrial Code (see 12 NYCRR 23-1.12 [c] [2...

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