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.