Legal Opinion
Smith v. ABC Realty Co.
Appellate Terms of the Supreme Court of New York
Decided May 5, 1972PublishedCited by 3 opinions
1Per curiam
The defendant’s negligence was not the proximate cause of the plaintiff’s injuries (Tirado v. Lubarsky, 49 Misc 2d 543, affd. 52 Misc 2d 527; Levin v. Eleto Realty Corp., 160 Misc. 141; Grant v. Godfrey Nurse Houses, 136 N. Y. S. 2d 751; Cardona v. Barbat, 56 N. Y. S. 2d 451; Horney v. World Is. Estates, 20 A D 2d 849, affd. 15 N Y 2d 564, cert. den. 380 U. S. 987). It has been repeatedly observed that “ The act of a party sought to be charged is not to be regarded as a proximate cause unless it is in clear sequence with the result and unless it could have been reasonably anticipated that the…
2Cases cited4 opinions
- Saugerties Bank v. . Delaware Hudson Co.New York Court of Appeals · 1923
- Tirado v. LubarskyAppellate Terms of the Supreme Court of New York · 1966
- Tirado v. LubarskyCivil Court of the City of New York · 1966
- Levin v. Eleto Realty Corp.Appellate Terms of the Supreme Court of New York · 1936
3Cited by3 opinions
- Scott v. WatsonCourt of Appeals of Maryland · 1976
- Sherman v. Concourse Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Cullen v. BMW of North America, Inc.District Court, E.D. New York · 1980