Robles v. Ascan Welding Service, Inc.

Full title: JOSE ROBLES, Appellant, v. ASCAN WELDING SERVICE, INC., et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 10, 1994

200 A.D.2d 564 (N.Y. App. Div. 1994)

608 N.Y.S.2d 843

Opinion

January 10, 1994

Appeal from the Supreme Court, Queens County (Dunkin, J.).

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiff failed to present any proof that a triable issue of material fact existed. Even accepting the plaintiff's proof as true, the plaintiff failed to establish a prima facie case of negligence against the defendants. Rather, the proof established that the plaintiff's own negligence was the sole proximate cause of his injuries. Therefore, the Supreme Court did not err in granting the defendants' motion for summary judgment dismissing the complaint. Bracken, J.P., Sullivan, Miller and Lawrence, JJ., concur.