Bruno v. Heinrich

Appellate Division of the Supreme Court of New York

Bruno v. Heinrich

202 A.D.2d 256, 609 N.Y.S.2d 782, 1994 N.Y. App. Div. LEXIS 2278

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 1994·Published·Cited by 1 cases

Opinion

—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 Schum, 75 NY2d 25; Kush v City of Buffalo, 59 NY2d 26). Concur — Rosenberger, J. P., Ross, Asch, Rubin and Tom, JJ.

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—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 Schum, 75 NY2d 25; Kush v City of Buffalo, 59 NY2d 26). Concur — Rosenberger, J. P., Ross, Asch, Rubin and Tom, JJ.

Bruno v. Heinrich, 202 A.D.2d 256, 609 N.Y.S.2d 782, 1994 N.Y. App. Div. LEXIS 2278 (N.Y. Ct. App. 1994).

Pincite

202 A.D.2d 256 (Bruno v. Heinrich) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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