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Shawn v. Louco Realty

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 2007
36 A.D.3d 845 (N.Y. App. Div. 2007)

Opinion

No. 2006-02566.

January 30, 2007.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated February 15, 2006, which denied their motion for summary judgment dismissing the complaint.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Uniondale, N.Y. (Gregory Cascino of counsel), for appellants.

Davis, Saperstein Salomon, P.C. (Michelle S. Russo, P.C., Rockville Centre, N.Y., of counsel), for respondent.

Before: Krausman, J.P., Florio, Lunn and Covello, JJ.


Ordered that the order is affirmed, with costs.

Generally, issues of proximate cause are to be decided by the finder of fact ( see Benitez v New York City Bd. of Educ., 73 NY2d 650, 659; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). Moreover, "because the determination of legal causation turns upon questions of foreseeability and `what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve'" ( Kriz v Schum, 75 NY2d 25, 34, quoting Derdiarian v Felix Contr. Corp., supra at 315; see Li v Midland Assoc. LLC, 26 AD3d 473). Here, the defendants failed to establish as a matter of law that the plaintiff's injuries were not a foreseeable consequence of their alleged negligence in improperly repairing the running hot water faucet in his apartment, or that their alleged negligence was not a proximate cause of his injuries ( see Mercedes v Menella, 34 AD3d 655; Li v Midland Assoc. LLC, supra; Gottlieb v 31 Gramercy Park S. Owners Corp., 276 AD2d 417; Parker v New York City Hous. Auth., 203 AD2d 345; Daughtery v City of New York, 137 AD2d 441; Pagan v Goldberger, 51 AD2d 508). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint.


Summaries of

Shawn v. Louco Realty

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 2007
36 A.D.3d 845 (N.Y. App. Div. 2007)
Case details for

Shawn v. Louco Realty

Case Details

Full title:SHAWN BINGHAM, Respondent, v. Louco REALTY, LLC, et al., Appellants

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

Date published: Jan 30, 2007

Citations

36 A.D.3d 845 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 594
829 N.Y.S.2d 194

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