Opinion
November 10, 1992
Appeal from the Supreme Court, New York County (Alfred Toker, J.).
We find that the IAS Court properly denied summary judgment on the ground that triable issues of fact exist as to alleged negligence of defendants in the control and/or operation of the truck in which plaintiff was a passenger, and the reasonableness of precautionary steps undertaken by defendants in the face of picketing by striking workers (see, Andre v Pomeroy, 35 N.Y.2d 361, 364-365). Triable issues of fact also exist as to foreseeability of injury and whether the alleged intervening criminal act "is itself the foreseeable harm that shapes the duty [of care] imposed" (Kush v City of Buffalo, 59 N.Y.2d 26, 33).
Concur — Carro, J.P., Wallach, Ross and Asch, JJ.