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PANICO v. ACCURATE FENCE CORP.

215 A.D.2d 545 (1995)

626 N.Y.S.2d 281

Domenico Panico et al., Appellants, v. Accurate Fence Corporation, Defendant and Third-Party Plaintiff-Respondent. New York City Housing Authority, Third-Party Defendant-Respondent, et al., Third-Party Defendants. (Action No. 1.) Josephine Provenzano et al., Appellants, v. Accurate Fence Corporation, Defendant and Third-Party Plaintiff-Respondent. New York City Housing Authority, Third-Party Defendant-Respondent, et al., Third-Party Defendants. (Action No. 2.)

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

May 15, 1995

Ordered that the judgment is affirmed, with costs to the respondents appearing separately and filing separate briefs.

The intentional act of the third-party defendant Weems in assaulting the plaintiffs with a fence post constituted a superseding cause of the plaintiffs' injuries. Any alleged negligence of the defendant third-party plaintiff Accurate Fence Corporation (hereinafter Accurate) in failing to remove the old fence debris was so attenuated from the plaintiffs...

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