RAMIREZ v. VELARDE


248 A.D.2d 697 (1998)

670 N.Y.S.2d 332

Mahomed Ramirez, an Infant, by His Mother and Natural Guardian, Zeneida Ramirez, et al., Appellants, v. Caroline W. Velarde et al., Respondents

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

March 30, 1998


Ordered that the order is affirmed, with costs.

The infant plaintiff, Mahomed Ramirez, was injured while playing on premises owned by the defendants when a stick thrown by his friend struck him in the left eye.

It is firmly established that "[a]n intervening act will be deemed a superseding cause and will serve to relieve [the] defendant of liability when the act is of such an extraordinary nature or so attenuates [the] defendant's negligence from the ultimate...

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