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FOURTOUNIS v. MJB SERV, INC.

18066/07

24 Misc.3d 1137 (2009)

879 N.Y.S.2d 706

ANDREAS FOURTOUNIS, Plaintiff, v. MJB SERVICE STATION, INC., Defendant.

Supreme Court, Kings County.

May 29, 2009.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, New York City, for defendant.

Zalman & Schnurman, New York City, for plaintiff.

OPINION OF THE COURT

MARTIN SCHNEIER, J.

The primary issue presented here is whether the plaintiff had assumed the risk of injury and was the sole proximate cause of his accident when, in a service station, in order to clean his windshield, he stood on the mechanical lift on which his taxicab was positioned to have its oil changed, and was speaking to his wife on his cell phone when the mechanic raised the lift...

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