Boruch v. Morawiec

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered February 28, 2007, after a jury trial, determining, inter alia, that defendant did not violate Industrial Code (12 NYCRR) § 23-1.12 (c), unanimously affirmed, without costs.

Plaintiff construction worker was injured when his forearm and wrist came into contact with the blade of a miter saw. Although expert testimony on the question of whether a certain condition or omission was in violation of a statute or regulation is permissible (see Franco v Jay Cee of N.Y. Corp., 36 AD3d 445, 448 [2007]), the subject saw was…