Majority
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 9, 2014, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff Daniel Vogel fainted and struck his head against the “ledge” separating the shower stall from the rest of his bathroom, sustaining lacerations to his forehead, face and cor
An issue of fact exists as to whether defendants’ negligence was a proximate cause of plaintiff’s injuries. A jury could find that plaintiff’s fainting and cutting himself on the sharp edge of the ledge was a foreseeable, normal, and natural result of the risk created by defendants’ negligence (see Derdiarian v Felix Contr. Corp., 51 NY2d 308 , 316 [1980]; Clindinin v New York City Hous. Auth., 117 AD3d 628 , 629 [1st Dept 2014]; Pagan v Goldberger, 51 AD2d 508 , 512 [2d Dept 1976]).
Given the evidence of defendant Santiago Martos’s participation in deciding whether a border was needed on the ledge, he may be held individually liable, regardless of whether he was acting solely in his capacity as an officer of defendant corporation (see Peguero v 601 Realty Corp., 58 AD3d 556 , 558 [1st Dept 2009]). Concur—Gonzalez, P.J., Sweeny, Renwick, Saxe and Feinman, JJ.
Cases cited
- Derdiarian v. Felix Contracting Corp. 51 NY2d 308 at 316 p. 402
- Clindinin v. New York City Housing Authority 117 AD3d 628 at 629 p. 402
- Pagan v. Goldberger 51 AD2d 508 at 512 p. 402
- Peguero v. 601 Realty Corp. 58 AD3d 556 at 558 p. 402