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MORGAN v. NEW YORK CITY POLICE DEPARTMENT

294 A.D.2d 416 (2002)

741 N.Y.S.2d 905

FRIEDA MORGAN, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Defendants, and SOS SECURITY, INCORPORATED, Respondent.

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

Decided May 13, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

As determined in a prior appeal in this case (see Morgan v New York City Police Dept., 282 A.D.2d 583), the plaintiff's conduct was an intervening cause of the attack upon her. Thus, her conduct severed any liability of the respondent security company. The case of Mason v U.E.S.S. Leasing Corp. (96 N.Y.2d 875

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