Opinion
March 10, 1994
Appeal from the Supreme Court, Nassau County (John S. Lockman, J.).
Defendant-appellant has failed to establish as a matter of law that decedent's conduct was an unforeseeable intervening act that constituted a superceding cause relieving him from any potential liability for allowing her to exit his car on a six-lane highway with no provision for pedestrian traffic (see, Rivera v. New York City Tr. Auth., 77 N.Y.2d 322; Kriz v. Schum, 75 N.Y.2d 25; Kush v City of Buffalo, 59 N.Y.2d 26).
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Tom, JJ.