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Asaro v. Laponte

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 202 (N.Y. App. Div. 1993)

Opinion

November 1, 1993

Appeal from the Supreme Court, Suffolk County (Cannavo, J.).


Ordered that the order is affirmed, with one bill of costs.

We find that the infant defendant's intentional act of striking the infant plaintiff with a golf club constituted a superseding cause of the plaintiff's injury, and so attenuated any alleged negligence of Waverly Park Condominium and Somer Management from the ultimate injury that the imposition of liability on the landowner and its management company would be unreasonable (see, Elardo v Town of Oyster Bay, 176 A.D.2d 912; O'Britis v Peninsula Golf Course, 143 A.D.2d 123). Mangano, P.J. Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

Asaro v. Laponte

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 202 (N.Y. App. Div. 1993)
Case details for

Asaro v. Laponte

Case Details

Full title:CHRISTOPHER ASARO, an Infant, by His Mother and Natural Guardian, KATHLEEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1993

Citations

198 A.D.2d 202 (N.Y. App. Div. 1993)
603 N.Y.S.2d 866

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