McAVOY v. OUTBOARD MARINE CORP.


134 A.D.2d 245 (1987)

Kevin McAvoy et al., Appellants, v. Outboard Marine Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 2, 1987


Ordered that the judgment is reversed, on the law, with costs, and the motion for summary judgment is denied.

On June 17, 1980, the plaintiff Kevin McAvoy was employed as a mechanic by a lawnmower repair service. While examining a lawnmower for the purpose of a repair estimate, his fingers were injured when they came in contact with the rotating cutting blade of the machine. The plaintiff had removed the chute to which a grass catcher bag would normally be attached...

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