Legal Opinion

Boltax v. Joy Day Camp

New York Court of Appeals

Decided January 14, 1986PublishedCited by 152 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

To establish a prima facie case of negligence, a "plaintiff must generally show that the defendant’s negligence was a substantial cause of the events which produced the injury” (Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). When an intervening act also contributes to the plaintiff’s injuries, "liability turns upon whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant’s negligence” (Derdiarian v Felix Contr. Corp., 51 NY2d, at p 315,…

2Cases cited2 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Basso v. MillerNew York Court of Appeals · 1976

3Cited by152 opinions

  1. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  2. Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
  3. Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
  4. O'Sullivan v. ShawMassachusetts Supreme Judicial Court · 2000
  5. Kriz v. SchumNew York Court of Appeals · 1989

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