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RIOS v. GRISTEDES DELIVERY SERVICE INC.

2029, 17200/06

69 A.D.3d 499 (2010)

893 N.Y.S.2d 538

2010 NY Slip Op 397

FELIX RIOS et al., Appellants, v. GRISTEDES DELIVERY SERVICE INC. et al., Defendants, and PREMIER CARING OF NEW YORK, Respondent.

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

Decided January 21, 2010.

"Where the evidence as to the cause of the accident which injured plaintiff is undisputed, the question as to whether any act or omission of the defendant was a proximate cause thereof is one for the court and not for the jury" (Rivera v City of New York, 11 N.Y.2d 856, 857 [1962]; Lee v New York City Hous. Auth., 25 A.D.3d 214 [2005], ...

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