HUBER v. MALONE


229 A.D.2d 469 (1996)

645 N.Y.S.2d 526

Dain R. Huber et al., Respondents, v. Karen M. Malone et al., Defendants and First and Second Third-Party Plaintiffs-Appellants, and Robert J. Ciaccio, Doing Business as Bob's Exxon, Defendant and First Third-Party Defendant and Fourth-Party Plaintiff-Respondent. Tyree Maintenance Co., First Third-Party Defendant-Respondent; Larry E. Tyree Co., Inc., Second and Third Third-Party Defendant-Respondent; Exxon Company, U.S.A., a Division of Exxon Corporation, Fourth-Party Defendant-Respondent

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

July 15, 1996


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

It is well established that while a party remains liable for all normal and foreseeable consequences of his acts, an intervening act will constitute a superseding cause and will serve to relieve that party of liability when the act is of such an extraordinary nature or so attenuates that party's...

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