Alamo v. U.S. Energy Sys. Co. of Muttontown

Full title: MIGUEL ALAMO et al., Appellants, v. U.S. ENERGY SYSTEMS COMPANY OF…

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

Date published: May 17, 1993

193 A.D.2d 708 (N.Y. App. Div. 1993)

598 N.Y.S.2d 71

Opinion

May 17, 1993

Appeal from the Supreme Court, Queens County (Graci, J.).

Ordered that the order is affirmed, with costs.

Any purported negligence on the part of the defendant in leaving debris in the plaintiffs' yard merely furnished the occasion for the unrelated act which caused injuries to the plaintiff Miguel Alamo, to wit, a ladder slipping out from under him as he was reattaching a clothesline. Such an injury-producing event would not ordinarily be anticipated (see, Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308, 316). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.