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Torres v. Hallen Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 364 (N.Y. App. Div. 1996)

Opinion

April 1, 1996

Appeal from the Supreme Court, Queens County (Posner, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the third-party defendant's motion for summary judgment dismissing the complaint and the third-party complaint is granted.

We agree with the appellant that the allegedly negligent conduct of the defendant was not the proximate cause of the plaintiff's injuries. Any purported negligence on the part of the defendant in leaving two steel plates at a construction site merely furnished the occasion for the subsequent, superseding acts that resulted in the plaintiff's injuries. The plaintiff's co-workers moved the plates and later drove a payloader over them, causing one of the plates to move and strike the plaintiff's foot ( see, e.g., Poggiali v. Town of Babylon, 219 A.D.2d 626; Gaston v. Viclo Realty Co., 215 A.D.2d 174; Lam v Neptune Assocs., 203 A.D.2d 334; Moss v. New York Tel. Co., 196 A.D.2d 492, 493; Alamo v. U.S. Energy Sys. Co., 193 A.D.2d 708; cf., Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315). Under these circumstances, the appellant's motion for summary judgment dismissing the complaint and the third-party complaint should have been granted. Thompson, J.P., Joy, Krausman and McGinity, JJ., concur.


Summaries of

Torres v. Hallen Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 364 (N.Y. App. Div. 1996)
Case details for

Torres v. Hallen Construction Corp.

Case Details

Full title:FRANCISCO TORRES, Respondent, v. HALLEN CONSTRUCTION CORP., Defendant and…

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

Date published: Apr 1, 1996

Citations

226 A.D.2d 364 (N.Y. App. Div. 1996)
640 N.Y.S.2d 244

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