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VASWANI v. MARTIN

278 A.D.2d 96 (2000)

717 N.Y.S.2d 533

DILIP J. VASWANI et al., Respondents, v. JEFFREY MARTIN et al., Defendants, and MANHATTAN PARKING, Appellant.

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

Decided December 14, 2000.

Plaintiff's submissions were sufficient to satisfy any burden plaintiff had on the motion to come forward with evidence that the attack was foreseeable. "Issues of negligence, foreseeability and proximate cause involve the kinds of judgmental variables which have traditionally, and soundly, been left to the finders of fact to resolve." (Rotz v City of New York, 143 A.D.2d 301...

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