From Casetext: Smarter Legal Research

Rios v. Theodore

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 617 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

Appeal from the Supreme Court, Orange County (Silverman, J.).


Ordered that the judgment is affirmed, with costs.

It is well settled that the determination of proximate cause is an issue for the jury (Nowlin v. City of New York, 81 N.Y.2d 81, 89; Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 312). In the present case, the jury's determination that the defendant was negligent but that her conduct was not a proximate cause of the accident which resulted in the plaintiff's injuries is supported by a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134). Sullivan, J.P., Copertino, Hart and Krausman, JJ., concur.


Summaries of

Rios v. Theodore

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 617 (N.Y. App. Div. 1995)
Case details for

Rios v. Theodore

Case Details

Full title:JOHN RIOS, Appellant, v. ANNE F. THEODORE, Respondent

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 617 (N.Y. App. Div. 1995)
624 N.Y.S.2d 949

Citing Cases

Sorrentino v. Wild

The appellants moved for summary judgment on the ground that there was no evidence that the height of the…

Khalona v. New York City Transit Authority

A fair interpretation of the evidence supports the jury's determination that the defendant was negligent in…