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WHITE v. DIAZ

49 A.D.3d 134 (2008)

854 N.Y.S.2d 106

NORMA WHITE, Respondent, v. CARLOS A. DIAZ et al., Defendants, and MANUEL A. NUNEZ et al., Appellants.

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

January 24, 2008.

Attorney(s) appearing for the Case

Law Offices of Jeffrey S. Shein & Associates, P.C., Syosset (Charles R. Strugatz of counsel), for appellants.

Alan A. Tarzy, New York City, for respondent.

TOM, J.P., MAZZARELLI, MARLOW and WILLIAMS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

The resolution of proximate cause issues has been troubling courts and legal scholars for centuries, as they have struggled to articulate a single rule that clearly differentiates cases in which a negligent party may be held liable for resulting harm from cases in which the resulting harm is too remote or unforeseeable (see e.g. Palsgraf v Long Is. R.R. Co., 248 N.Y. 339 [1928...

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