RIVERA v. ST. NICHOLAS 184 HOLDING, LLC

16624, 150282/12

135 A.D.3d 496 (2016)

22 N.Y.S.3d 832

2016 NY Slip Op 00120

HECTOR RIVERA, Respondent, v. ST. NICHOLAS 184 HOLDING, LLC, et al. Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2016.


Plaintiff alleges that he was injured when, while attempting to repair a clothesline, he fell out the window, which was not equipped with window stops. Plaintiff testified that he fell when he deliberately stood on a garbage can and leaned out of the open window, placing his entire torso through it. Thus, plaintiff's testimony establishes that his own voluntary conduct was the proximate cause of his accident.

We have considered plaintiff's remaining arguments and...

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