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TERRY v. DANISI FUEL OIL COMPANY, INC.

40 A.D.3d 1072 (2007)

837 N.Y.S.2d 256

JOHN TERRY, Appellant, v. DANISI FUEL OIL COMPANY, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.) (Action No. 1.) GLENN ARTHUR TERRY, Appellant, v. DANISI FUEL OIL COMPANY, INC., et al., Respondents, et al., Defendants. (Action No. 2.)

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

Decided May 29, 2007.

Ordered that the order is reversed, on the law, with one bill of costs, and those branches of the separate motions of the defendants Danisi Fuel Oil Company, Inc., and Frederick L. Blase, Jr., doing business as Blase Contracting, which were for summary judgment dismissing the respective complaints insofar as asserted against them are denied.

Generally, issues of proximate cause are to be decided by the finder of fact (see Derdiarian v Felix Contr. Corp.,

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