LI XIAN v. TAT LEE SUPPLIES CO., INC.

8743, 304347/09.

170 A.D.3d 538 (2019)

94 N.Y.S.3d 438

2019 NY Slip Op 02039

Li Xian et al., Respondents, v. Tat Lee Supplies Co., Inc., Appellant, et al., Defendants.

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

Decided March 19, 2019.


Defendant failed to establish prima facie that it is not responsible for the injuries sustained by plaintiffs as a result of a third-party assault in the vicinity of its building, since much of the evidence it submitted on the issue of proximate cause is inadmissible and may not be considered (see Kershaw v Hospital for Special Surgery, 114 A.D.3d 75, 81-82 [1st Dept 2013], citing GTF Mktg. v Colonial Aluminum Sales,

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