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NEWMAN v. RCPI LANDMARK PROPERTIES, LLC

Not in source.

28 N.Y.3d 1032 (2016)

65 N.E.3d 698

42 N.Y.S.3d 668

2016 NY Slip Op 07703

GEORGE NEWMAN et al., Appellants, v. RCPI LANDMARK PROPERTIES, LLC, et al., Respondents.

Court of Appeals of New York.

Decided November 17, 2016.

Attorney(s) appearing for the Case

Napoli Shkolnik PLLC, New York City ( Annie E. Causey and Joseph P. Napoli of counsel), for appellants.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for respondents.

Margaret G. Klein , Defense Association of New York, Inc., New York City ( Andrew Zajac , Dawn C. DeSimone , Rona L. Platt , Brendan T. Fitzpatrick and Jonathan T. Uejio of counsel), and McGaw, Alventosa & Zajac, Jericho, for Defense Association of New York, Inc., amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment dismissing the complaint denied.

This is an ordinary negligence case. Questions regarding proximate cause generally are for a trier of fact (see Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308, 315 [1980], rearg denied 52 N.Y.2d 784

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