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CRUZ v. CITY OF NEW YORK

7 A.D.3d 394 (2004)

776 N.Y.S.2d 469

DARWEIN CRUZ, an Infant, by His Mother and Natural Guardian, RUTH SANTOS, ET AL., Appellants, v. CITY OF NEW YORK, Defendant, and BRONX UNITED IN LEVERAGING DOLLARS, INC., ET AL., Respondents.

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

May 18, 2004.

The 10-year-old plaintiff suffered personal injury when he was pushed into a hallway window while playing "tag." Whatever the merit to the assertion that the window was improperly maintained and already broken, the playmate's shove that propelled the infant plaintiff into the window constituted an unforeseeable intervening act, sufficiently attenuated from defendants' conduct as to relieve them of liability (Pena v Schur, 245 A.D.2d 206...

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