Martinez v. Wascom

Centra, J.P., and Feradotto, J.

(dissenting).

We respectfully dissent. As properly noted by the majority, “[a] jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are so inextricably interwoven as to make it logically impossible to find negligence *1417without also finding proximate cause” (Skowronski v Mordino, 4 AD3d 782, 783 [2004] [internal quotation marks omitted]). Here, the evidence established that defendant was traveling on West Main Street and had the…