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CAMPBELL v. CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY

7 N.Y.3d 819 (2006)

855 N.E.2d 1165

822 N.Y.S.2d 751

JOSEPH CAMPBELL, Respondent, v. CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, Appellant.

Court of Appeals of New York.

Decided September 12, 2006.

Attorney(s) appearing for the Case

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for appellant.

James B. Fleckenstein, Syracuse, for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment dismissing the personal injury claim granted. The certified question should be answered in the negative.

Although the issue of proximate cause is ordinarily for the factfinder to resolve, defendant established that the ill-fitting replacement wheelchair provided by a third party constituted

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