Legal Opinion

White v. Diaz

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

Decided January 24, 2008PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

The resolution of proximate cause issues has been troubling *135courts and legal scholars for centuries, as they have struggled to articulate a single rule that clearly differentiates cases in which a negligent party may be held liable for resulting harm from cases in which the resulting harm is too remote or unforeseeable (see e.g. Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928]; Carpenter, Workable Rules for Determining Proximate Cause, 20 Cal L Rev 229 [1932]; see generally Prosser and Keeton, Torts § 41, at 263 n 1 [5th ed] [and articles cited therein]). As…

2Cases cited10 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  3. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  4. Ferrer v. HarrisNew York Court of Appeals · 1982
  5. Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978

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3Cited by36 opinions

  1. Boderick v. R.Y. Management Co.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Grant v. NembhardAppellate Division of the Supreme Court of the State of New York · 2012
  3. Haibi v. 790 Riverside Drive Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Sydnor v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Gardner v. PerrineAppellate Division of the Supreme Court of the State of New York · 2012

31 more not listed; retrieve them via the Exa API.

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