Bruno v. Heinrich
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Nassau County (John S. Lockman, J.), entered December 12, 1991, which denied defendant-appellant’s motion for summary judgment pursuant to CPLR 3212 dismissing the complaint, unanimously affirmed, without costs.
Defendant-appellant has failed to establish as a matter of law that decedent’s conduct was an unforeseeable intervening act that constituted a superceding cause relieving him from any potential liability for allowing her to exit his car on a six-lane highway with no provision for pedestrian traffic (see, Rivera v New York City Tr. Auth., 77 NY2d 322; Kriz v…
2Cases cited3 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Kriz v. SchumNew York Court of Appeals · 1989
3Cited by1 opinion
- Lopez v. GuillenAppellate Division of the Supreme Court of the State of New York · 2019