Opinion
June 25, 1992
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
Even were the facts entirely undisputed, there are issues relative to foreseeability and proximate cause which are best left to the trier of fact to resolve (see, Raider v. Friedman, 162 A.D.2d 112; Rotz v. City of New York, 143 A.D.2d 301, 304). Defendant's contentions as to the superceding or intervening cause by a third party, are not sufficiently persuasive to preclude triable issues of fact as to these matters.
Concur — Sullivan, J.P., Asch, Kassal and Rubin, JJ.