Bruno v. Heinrich — 202 A.D.2d 256

Majority

p. 256

Italo Bruno, Plaintiff, v Clifford Heinrich et al., Respondents, and Robert Napolitano, Appellant.

[609 NYS2d 782]

—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.

Cases cited

Rivera v. New York City Transit Authority 77 NY2d 322 N.Y. 1991-02-14 p. 256
Kriz v. Schum 75 NY2d 25 N.Y. 1989-11-30 p. 256
Kush v. City of Buffalo 59 NY2d 26 N.Y. 1983-05-05 p. 256