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AMAYA v. L'HOMMEDIEU
Appellate Division of the Supreme Court of New York, Second Department.
Apr 26, 2004
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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.
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