Summary
intervening criminal act of arson not reasonably foreseeable consequence of defendant's negligence
Summary of this case from Hodge v. Nor-Cen, Inc.Opinion
June 20, 1988
Appeal from the Supreme Court, Rockland County (Kelly, J.).
Ordered that the judgment is affirmed, with costs.
On the record presented, the Trial Judge, sitting without a jury, properly dismissed the complaint at the close of the plaintiff's case. The intervening criminal act of arson was not a natural, reasonable foreseeable consequence of any negligence on the defendant's part (see, Iannelli v Powers, 114 A.D.2d 157, lv denied 68 N.Y.2d 604; Santiago v New York City Hous. Auth., 101 A.D.2d 735, affd 63 N.Y.2d 761). Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.