Becerra v. Promenade Apartments Inc.

*558Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered March 5, 2014, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the Labor Law § 241 (6) claim predicated upon a violation of Industrial Code (12 NYCRR) § 23-1.5 (c) (3), reversed, on the law, without costs, and the motion denied.

Plaintiff testified that on the day of the accident, a foreman provided him with an angle grinder that did not have a safety guard, and instructed him to perform certain work despite the absence of such a guard. He contends that…