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LOPEZ v. BOVIS LEND LEASE LMB, INC.

26 A.D.3d 192 (2006)

807 N.Y.S.2d 873

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.)

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

February 7, 2006.

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 N.Y.3d 35 [2004]; Meade v. Rock-McGraw, Inc., 307 A.D.2d 156 [2003]); see also Blake v. Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 290 [2003...

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