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Amaya v. L'Hommedieu

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 638 (N.Y. App. Div. 2004)

Opinion

2003-02296.

Decided April 26, 2004.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 7, 2003, which granted the defendants' motion for summary judgment dismissing the complaint.

Morici Morici, LLP, Garden City, N.Y. (William B. Baier of counsel), for appellant.

Tromello, McDonnell Kehoe, Melville, N.Y. (Kevin P. Slattery of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly determined that the sole proximate cause of the plaintiff's injuries was his putting his left hand under the subject lawnmower while the blades of the lawnmower were still moving ( see Liriano v. Hobart Corp., 92 N.Y.2d 232; Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308; Scardefield v. Telsmith, Inc., 267 A.D.2d 560; Breem v. Long Is. Light. Co., 256 A.D.2d 294). Thus, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

The plaintiff's remaining contentions are without merit.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.


Summaries of

Amaya v. L'Hommedieu

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 638 (N.Y. App. Div. 2004)
Case details for

Amaya v. L'Hommedieu

Case Details

Full title:ROBERTO AMAYA, appellant, v. DAVID L'HOMMEDIEU, ETC., ET AL., respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 26, 2004

Citations

6 A.D.3d 638 (N.Y. App. Div. 2004)
775 N.Y.S.2d 181

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