Volquez v Wade Hampton Apts., Inc.

Holding The Appellate Division reversed the summary judgment dismissing the plaintiff’s Labor Law § 241(6) claim, finding that the plaintiff’s testimony regarding the saw’s defective guard and lack of protection raised triable issues of fact. The court determined that the plaintiff was not barred from recovery simply because he was not the operator of the circular saw that injured him.

The court’s words

correctly argues that his Labor Law § 241 (6) claim based on Industrial Code § 23-1.12(c)(1) is not barred simply because he was not the operator of the saw

2026 NY Slip Op 06548, at the official text

requires that saws like the one at issue have "a movable self-adjusting guard below the base plate which will completely cover the saw blade to the depth of the teeth when such saw blade is removed from the cut."

2026 NY Slip Op 06548, at the official text

requires that "[a]ll safety devices, safeguards and equipment in use shall be kept sound and operable"

2026 NY Slip Op 06548, at the official text

requires that "[u]pon discovery, any structural defect or unsafe condition in such equipment shall be corrected by necessary repairs or replacement."

2026 NY Slip Op 06548, at the official text