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SOVULJ v. PROCIDA REALTY AND CONSTRUCTION CORP.

15286, 303325/09, 83728/10

129 A.D.3d 414 (2015)

11 N.Y.S.3d 23

2015 NY Slip Op 04592

KRESIMIR SOVULJ, Appellant, v. PROCIDA REALTY AND CONSTRUCTION CORP. OF NEW YORK et al., Defendants, and SEVENTEEN DEVELOPMENT, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided June 2, 2015.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered November 25, 2013, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured when a grinder he was using to cut a groove in a floor kicked back on him, cutting his hand and wrist. Plaintiff admitted that he was using the grinder in a manner inconsistent with its recommended use, in...

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