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Thomas v. James Wu & Sons, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1992
184 A.D.2d 440 (N.Y. App. Div. 1992)

Opinion

June 25, 1992

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


Even were the facts entirely undisputed, there are issues relative to foreseeability and proximate cause which are best left to the trier of fact to resolve (see, Raider v. Friedman, 162 A.D.2d 112; Rotz v. City of New York, 143 A.D.2d 301, 304). Defendant's contentions as to the superceding or intervening cause by a third party, are not sufficiently persuasive to preclude triable issues of fact as to these matters.

Concur — Sullivan, J.P., Asch, Kassal and Rubin, JJ.


Summaries of

Thomas v. James Wu & Sons, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1992
184 A.D.2d 440 (N.Y. App. Div. 1992)
Case details for

Thomas v. James Wu & Sons, Inc.

Case Details

Full title:MIRELLA THOMAS et al., Respondents, v. JAMES WU SONS, INC., Appellant, et…

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

Date published: Jun 25, 1992

Citations

184 A.D.2d 440 (N.Y. App. Div. 1992)

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