Legal Opinion
Bingham v. Louco Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 30, 2007PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated February 15, 2006, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Generally, issues of proximate cause are to be decided by the *846finder of fact (see Benitez v New York City Bd. of Educ., 73 NY2d 650, 659 [1989]; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 [1980]). Moreover, “because the determination of legal causation turns upon questions of foreseeability and ‘what is…
2Cases cited9 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Kriz v. SchumNew York Court of Appeals · 1989
- Pagan v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1976
- Daughtery v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ingrassia v. LividikosAppellate Division of the Supreme Court of the State of New York · 2008
- Mazzio v. Highland Homeowners Ass'n & CondosAppellate Division of the Supreme Court of the State of New York · 2009
- Richards v. PassarelliAppellate Division of the Supreme Court of the State of New York · 2010
- Terry v. Danisi Fuel Oil Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Slowley v. City of New YorkNew York Supreme Court · 2011