Opinion
April 1, 1996
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the third-party defendant's motion for summary judgment dismissing the complaint and the third-party complaint is granted.
We agree with the appellant that the allegedly negligent conduct of the defendant was not the proximate cause of the plaintiff's injuries. Any purported negligence on the part of the defendant in leaving two steel plates at a construction site merely furnished the occasion for the subsequent, superseding acts that resulted in the plaintiff's injuries. The plaintiff's co-workers moved the plates and later drove a payloader over them, causing one of the plates to move and strike the plaintiff's foot ( see, e.g., Poggiali v. Town of Babylon, 219 A.D.2d 626; Gaston v. Viclo Realty Co., 215 A.D.2d 174; Lam v Neptune Assocs., 203 A.D.2d 334; Moss v. New York Tel. Co., 196 A.D.2d 492, 493; Alamo v. U.S. Energy Sys. Co., 193 A.D.2d 708; cf., Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315). Under these circumstances, the appellant's motion for summary judgment dismissing the complaint and the third-party complaint should have been granted. Thompson, J.P., Joy, Krausman and McGinity, JJ., concur.