Opinion
April 15, 1994
Appeal from the Supreme Court, Suffolk County, Cohalan, J.
Present — Denman, P.J., Pine, Lawton, Callahan and Davis, JJ.
Judgment unanimously reversed on the law without costs, motions denied, and complaint and cross claims reinstated. Memorandum: Supreme Court erred in granting defendants' motions for summary judgment dismissing the complaint and cross claims. Plaintiff raised questions of fact whether defendants breached duties of care owing to him (see, Basso v Miller, 40 N.Y.2d 233, 241; Meseck v General Elec. Co., 195 A.D.2d 798; cf., Csukardi v Bishop McDonnell Camp, 148 A.D.2d 657). Defendants Fuchs and Southwell contend that, even if they could be found negligent, plaintiff's act of walking backward while viewing the boat was a superseding cause of his injury. We disagree. At most, that conduct would constitute comparative negligence (see, e.g., Saldarriaga v DeSantis Bros., 151 A.D.2d 270, lv denied 74 N.Y.2d 613).