LOPEZ v. BOVIS LEND LEASE LMB, INC

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).