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VENTRICELLI v. KINNEY SYS. RENT A CAR, INC.

45 N.Y.2d 950 (1978)

Joseph Ventricelli, Appellant-Respondent, v. Kinney System Rent a Car, Inc., et al., Respondents-Appellants, and Antonio Maldonado, Respondent. Kinney System Rent a Car, Inc., et al., Third-Party Respondents-Appellants, v. American Motors Corp. et al., Third-Party Respondents.

Court of Appeals of the State of New York.

Decided November 2, 1978.

Attorney(s) appearing for the Case

Joseph Kelner and Gilbert S. Glotzer for appellant-respondent.

William F. McNulty and Anthony J. McNulty for respondents-appellants.

Michael F. Close and John J. Moore for respondent.

Joseph D. Ahearn for third-party respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG dissents and votes to reverse in a separate opinion.

MEMORANDUM.

Order of the Appellate Division affirmed, with costs. Proximate cause and foreseeability are relative terms, "nothing more than a convenient formula for disposing of the case" (Prosser, Law of Torts [4th ed], § 43, p 267). In writing of the "orbit of the duty", Chief Judge CARDOZO said "[t]he range of reasonable apprehension is at times a question for the court...

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