ROBLES v. ASCAN WELDING SERV., INC.


200 A.D.2d 564 (1994)

608 N.Y.S.2d 843

Jose Robles, Appellant, v. Ascan Welding Service, Inc., et al., Respondents

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

January 10, 1994


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiff failed to present any proof that a triable issue of material fact existed. Even accepting the plaintiff's proof as true, the plaintiff failed to establish a prima facie case of negligence against the defendants. Rather, the proof established that the plaintiff's own negligence was the sole proximate cause of his injuries....

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