When proof of a customary practice is coupled with a showing that it was ignored and that this departure was a proximate cause of the accident it may serve to establish liability (Trimarco v Klein, 56 N.Y.2d 98, 106; see also, 1A Warren, New York Negligence, Actionable Negligence, ยง 3.13 [3], at 267-268). Nevertheless, we find, that the jury's award regarding Carmen Galarza's derivative claim was excessive to the extent indicated herein (see, Sheinwald v Doldo, 143 A.D.2d 129; Knight v Long Is. Coll. Hosp., 106 A.D.2d 371). The Supreme Court did not determine the motion of Helmsley Spear, Inc. (hereinafter Helmsley), to set aside the verdict finding it at fault in the happening of the accident, reasoning that because it had dismissed the plaintiffs' complaint against Ace, Ace's claim for contribution against Helmsley was academic.