PANICO v. ACCURATE FENCE CORPORATION, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

See more information ...

Smart Summary

DOMENICO PANICO et al., Appellants, v. ACCURATE FENCE CORPORATION, Defendant and Third-Party Plaintiff-Respondent. NEW YORK CITY HOUSING AUTHORITY, Third-Party Defendant-Respondent, et al., Third-Party Defendants. (Action No. 1.) JOSEPHINE PROVENZANO et al., Appellants,

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.

PANICO v. ACCURATE FENCE CORPORATION

DOMENICO PANICO et al., Appellants, v. ACCURATE FENCE CORPORATION, Defendant and Third-Party Plaintiff-Respondent. NEW YORK CITY HOUSING AUTHORITY, Third-Party Defendant-Respondent, et al., Third-Party Defendants. (Action No. 1.) JOSEPHINE PROVENZANO et al., Appellants,

Comments