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DAMARIS SANTIAGO, an Infant, by Her Mother and Natural Guardian, MILDRED SANTIAGO, et al., Appellants, v. VIG CORPORATION et al., Respondents.

The infant plaintiff was injured when a piece of glass pierced the garbage bag she was carrying that was filled with debris defendants had negligently left in her grandmother's apartment. In view of the grandmother's admission that after cleaning up the debris and asking plaintiff to carry the bag, she failed to inform plaintiff that the opaque garbage bag concealed dangerous materials, the court properly found the grandmother's actions to have so attenuated defendants' negligence from the ultimate injury as to make it unreasonable to attribute to defendants any responsibility for the injury (compare, Shutak v. Handler, 190 A.D.2d 345). No reasonable jury could find that the grandmother's failure to warn was a normal or foreseeable consequence of the conceded hazardous situation created by defendants (see, supra, at 347).

Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.

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SANTIAGO v. VIG CORPORATION
(Feb 10, 1994)