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SAMYN v. ARIENS CO.

2017-00628. Index No. 602767/13.

177 A.D.3d 917 (2019)

114 N.Y.S.3d 445

2019 NY Slip Op 08435

Jean-Luc Samyn et al., Appellants, v. Ariens Company, Respondent.

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

Decided November 20, 2019.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On February 21, 2011, the plaintiff Jean-Luc Samyn (hereinafter the injured plaintiff) allegedly was injured while operating a snow thrower manufactured by the defendant. The injured plaintiff, who had purchased the snow thrower in 1983, released the clutch lever, turned off the engine and, approximately

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