Bundo v. 10-12 Cooper Square, Inc.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 24, 2015, which denied plaintiffs’ motion for partial summary judgment on the common-law negligence and Labor Law § 241 (6) claims, unanimously modified, on the law, to grant the motion as to the Labor Law § 241 (6) claim, and otherwise affirmed, without costs.

The injured plaintiff’s testimony that debris flew into his eye while he was grinding stone without wearing protective goggles established prima facie defendants’ liability under Labor Law § 241 (6), predicated on a violation of Industrial Code (12 NYCRR) §…