Legal Opinion
Lopez v. Bovis Lend Lease LMB, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2006PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Diane A. Lebedeff, J.), entered on or about September 30, 2004, which, inter alia, denied plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.
In light of the conflicting testimony, issues of fact exist as to whether plaintiffs own negligence was the sole proximate cause of his accident (Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35 [2004]; Meade v Rock-McGraw, Inc., 307 AD2d 156 [2003]); see also Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280, 290…
2Cases cited4 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Cahill v. TRIBOROUGHNew York Court of Appeals · 2004
- Meade v. Rock-Mcgraw, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Cahill v. Westchester Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
- Santiago v. Fred-Doug 117, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2009
- Antenucci v. Three Dogs, LLCAppellate Division of the Supreme Court of the State of New York · 2007