Beazer v. New York City Health

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered June 15, 2009, which, inter alia, denied defendant Beys Contracting Inc.’s (Beys) motion for summary judgment dismissing the common-law negligence cause of action as against it, affirmed, without costs.

Plaintiff was an employee of the construction manager for a project at Bellevue Hospital. He was injured while using an unguarded power grinder, which was owned by Beys, to cut exposed steel from a concrete floor. Conflicting testimony as to whether plaintiff selected the grinder from his employer’s gang box or was given it…