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WILLIAM LOPEZ, Appellant, v. BOVIS LEND LEASE LMB, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. WOODWORKS CONSTRUCTION CO., INC., Third-Party Defendant-Respondent. (And Another Action.).

In light of the conflicting testimony, issues of fact exist as to whether plaintiff's own negligence was the sole proximate cause of his accident ( Cahill v. Triborough Bridge Tunnel Auth., 4 NY3d 35; Meade v. Rock-McGraw, Inc., 307 AD2d 156); see also Blake v. Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 290; Cahill v. Westchester Towers Owners Corp., 295 AD2d 550, 552).

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LOPEZ v. BOVIS LEND LEASE LMB, INC
(Feb 7, 2006)