BROWAREK v. PFALZER


174 A.D.2d 1054 (1991)

Thomas Browarek, Individually and as Father and Natural Guardian of Michael Browarek, an Infant, Respondent, v. Raymond Pfalzer et al., Appellants, et al., Defendants. (Appeal No. 1.)

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

June 7, 1991


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

The negligence, if any, of defendant Raymond Pfalzer in causing his grandfather's automobile to become stuck in the mud was not the proximate cause of the infant plaintiff's injury. Defendant could not have reasonably foreseen that, in attempting to extricate the car from the mud, the driver of a truck would leave the truck unattended, permitting it to...

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