Opinion
May 15, 1995
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the judgment is affirmed, with costs to the respondents appearing separately and filing separate briefs.
The intentional act of the third-party defendant Weems in assaulting the plaintiffs with a fence post constituted a superseding cause of the plaintiffs' injuries. Any alleged negligence of the defendant third-party plaintiff Accurate Fence Corporation (hereinafter Accurate) in failing to remove the old fence debris was so attenuated from the plaintiffs' ultimate injuries that the imposition of liability on Accurate and the New York City Housing Authority would be unreasonable (see, Asaro v Laponte, 198 A.D.2d 202; Elardo v Town of Oyster Bay, 176 A.D.2d 912; O'Britis v Peninsula Golf Course, 143 A.D.2d 123). Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.