SIBY v. A&Z CAR WASH SALES


279 A.D.2d 413 (2001)

719 N.Y.S.2d 566

MBABA SIBY et al., Appellants, v. A&Z CAR WASH SALES et al., Defendants, and OTTO RUSCH CONTRACTING CORP., Respondent. (And a Third-Party Action.)

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

Decided January 25, 2001.


Plaintiff's sleeve and hand got caught in the chain that drove the wash's conveyor system as he attempted to correct an alignment problem with the dolly on which the cars were placed. The motion was properly granted in the absence of evidence that the wiring and electrical system installed by respondent caused the accident. Indeed, plaintiff's deposition testimony established that, although an on/off switch and lockout key were within his reach, he did not deactivate the...

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