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ASARO v. LAPONTE

198 A.D.2d 202 (1993)

603 N.Y.S.2d 866

Christopher Asaro, an Infant, by His Mother and Natural Guardian, Kathleen Perritt, et al., Appellants, v. Michael Laponte, Defendant, and Waverly Park Condominium et al., Respondents

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

November 1, 1993

Ordered that the order is affirmed, with one bill of costs.

We find that the infant defendant's intentional act of striking the infant plaintiff with a golf club constituted a superseding cause of the plaintiff's injury, and so attenuated any alleged negligence of Waverly Park Condominium and Somer Management from the ultimate injury that the imposition of liability on the landowner and its management company would be unreasonable...

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