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DiCEMBRINO v. VERIZON N.Y. INC.

3741, 161670/14.

149 A.D.3d 541 (2017)

2017 NY Slip Op 02928

52 N.Y.S.3d 350

ALBERTO DiCEMBRINO et al., Appellants, v. VERIZON NEW YORK INC. et al., Respondents. VERIZON NEW YORK INC. et al., Third-Party Plaintiffs-Respondents, v. JAMES F. VOLPE ELECTRIC CO., Third-Party Defendant-Respondent.

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

Decided April 18, 2017.

Plaintiffs did not establish their entitlement to judgment as a matter of law because their own submissions raised an issue of fact as to whether the injured plaintiff's conduct was the sole proximate cause of the accident (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 290 [2003]). At his deposition, the injured plaintiff testified that he fell because he missed a step...

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