Legal Opinion

Ramirez v. Velarde

Appellate Division of the Supreme Court of the State of New York

Decided March 30, 1998PublishedCited by 6 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated April 3, 1997, which granted the defendants’ motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff, Mahomed Ramirez, was injured while playing on premises owned by the defendants when a stick thrown by his friend struck him in the left eye.

It is firmly established that “[a]n intervening act will be deemed a superseding cause and will, serve to relieve…

2Cases cited2 opinions

  1. Kush v. City of BuffaloNew York Court of Appeals · 1983
  2. Elardo v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by6 opinions

  1. Jaume v. Ry Management Co.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Barth v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Clark v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Sabbatino v. Rosin & Sons Hardware & Paint, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Cruz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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