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SZCZEPANIK v. SZCZEPANIK

216 A.D.2d 662 (1995)

627 N.Y.S.2d 800

Kevin Szczepanik, Appellant, v. Lorraine Szczepanik, Respondent

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

June 8, 1995

Plaintiff injured the pinky finger of his right hand when defendant, his mother, grabbed plaintiff's right arm while he was operating an electric power drill in the course of assembling a metal shed. Plaintiff contends that he is entitled to summary judgment on the issue of defendant's negligence. We disagree. Except in the most egregious instances, negligence is an issue of fact for the jury to resolve. In the instant case, defendant...

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