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):
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.