Rios v. Gristedes Delivery Service Inc.

“Where the evidence as to the cause of the accident which injured plaintiff is undisputed, the question as to whether any act or omission of the defendant was a proximate cause thereof is one for the court and not for the jury” (Rivera v City of New *500York, 11 NY2d 856, 857 [1962]; Lee v New York City Hous. Auth., 25 AD3d 214 [2005], lv denied 6 NY3d 708 [2006]). Here, the evidence shows that plaintiffs injury was caused by his decision to climb into a smaller dumpster that was elevated and resting on a forklift’s blades in order to grab bags of garbage and place them into a larger dumpster…