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LAPIDUS v. STATE

57 A.D.3d 83 (2008)

866 N.Y.S.2d 711

BARBARA LAPIDUS, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 11034.)

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

October 28, 2008.

Attorney(s) appearing for the Case

Seiff Kretz & Abercrombie, New York City (Charles D. Abercrombie and Mariana Olenko of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Peter H. Schiff and Michael S. Buskus of counsel), for respondent.

SPOLZINO, J.P., COVELLO and DICKERSON, JJ., concur.

OPINION OF THE COURT

ENG, J.

It has often been observed that the concept of proximate cause is an elusive one, incapable of being precisely defined to cover all situations. This appeal calls upon us to consider principles relating to both proximate cause and superseding causation in order to determine whether the State can be held liable for allegedly negligent acts committed by court employees in the course of performing their everyday, ministerial duties...

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