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THOMAS v. JAMES WU & SONS, INC.

184 A.D.2d 440 (1992)

Mirella Thomas et al., Respondents, v. James Wu & Sons, Inc., Appellant, et al., Defendant

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

June 25, 1992

Even were the facts entirely undisputed, there are issues relative to foreseeability and proximate cause which are best left to the trier of fact to resolve (see, Raider v Friedman, 162 A.D.2d 112; Rotz v City of New York, 143 A.D.2d 301, 304). Defendant's contentions as to the superceding or intervening cause by a third party, are not...

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