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SAUCEDA-OCAMPO v. H&M HENNES & MAURITZ LP

10325. 158613/12.

177 A.D.3d 433 (2019)

114 N.Y.S.3d 77

2019 NY Slip Op 08140

Reynaldo Sauceda-Ocampo, Plaintiff, v. H&M Hennes & Mauritz LP, H&M, Appellant, and DSJ Port Logistics Group, Doing Business as JAFCO, Respondent.

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

Decided November 12, 2019.

This is not one of those rare cases where proximate cause can be found to be lacking as a matter of law (see Hain v Jamison, 28 N.Y.3d 524, 528-530 [2016]). H&M failed to establish, as a matter of law, that a missing wheel on its hanger cage could not have caused the accident, or that plaintiff's actions served as an intervening act (id. at 531-532).

H&M failed to make a prima facie showing that it lacked actual...

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