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DeGennaro v. Robbie Robinson Textiles, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 516 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that, when the intervening act of a third person is extraordinary and unforeseeable, it will be deemed a superseding act which severs the causal connection between the defendant's actions and the plaintiff's injuries (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308; Arena v. Ostrin, 134 A.D.2d 306). The issue of whether an intervening act is a superseding act is typically a question for the trier-of-fact to determine (see, Derdiarian v. Felix Contr. Corp., supra). Since there are issues of fact in this case that should be resolved by a jury, including whether the conduct of the injured plaintiff's mother was a superseding act, the Supreme Court properly denied, in part, the appellant's motion for summary judgment (see, e.g., McCann v. City of New York, 205 A.D.2d 668).

The appellant's remaining contentions are without merit. Sullivan, J.P., Pizzuto, Santucci and Goldstein, JJ., concur.


Summaries of

DeGennaro v. Robbie Robinson Textiles, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 516 (N.Y. App. Div. 1995)
Case details for

DeGennaro v. Robbie Robinson Textiles, Inc.

Case Details

Full title:SHARON DeGENNARO, an Infant, by Her Mother and Natural Guardian, MARGARET…

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 516 (N.Y. App. Div. 1995)
628 N.Y.S.2d 781