LUIS v. CHURCH OF ST. ANGELA


52 A.D.2d 352 (1976)

John Luis, an Infant, by His Father and Natural Guardian Silvestre S. Luis, et al., Respondents, v. Church of St. Angela Merici, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 3, 1976


Attorney(s) appearing for the Case

Joseph D. Ahearn of counsel (Daniel J. Coughlin, attorney), for appellant.

Daniel J. Friedman for respondents.

MARKEWICH, J. P., LUPIANO and NUNEZ, JJ., concur with CAPOZZOLI, J.; MURPHY, J., dissents in an opinion.


CAPOZZOLI, J.

The facts are fully set forth by our dissenting colleague and I shall confine this writing to the law involved.

It is settled law that the issue of proximate cause presents a question of fact for the jury and, of course, must be decided on the particular facts of each case. As was said by the court in Selleck v Board of Educ. of Cent. School Dist. No. 1 (276 App Div 263, 267):

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