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RIOS v. THEODORE
Appellate Division of the Supreme Court of New York, Second Department.
Mar 27, 1995
Ordered that the judgment is affirmed, with costs.
It is well settled that the determination of proximate cause is an issue for the jury (Nowlin v. City of New York, 81 N.Y.2d 81, 89; Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 312). In the present case, the jury's determination that the defendant was negligent but that her conduct was not a proximate cause of the accident which resulted in the plaintiff's injuries is supported by a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134). Sullivan, J.P., Copertino, Hart and Krausman, JJ., concur.
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