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RIOS v. THEODORE

213 A.D.2d 617 (1995)

624 N.Y.S.2d 949

John Rios, Appellant, v. Anne F. Theodore, Respondent

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

March 27, 1995

Ordered that the judgment is affirmed, with costs.

It is well settled that the determination of proximate cause is an issue for the jury (Nowlin v City of New York, 81 N.Y.2d 81, 89; Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308, 312). In the present case, the jury's determination that the defendant was negligent but that her conduct was not a proximate cause of the accident which...

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