(Download) "Riedel v. Steger Material Handling Co." by Appellate Division, Fourth Department, New York Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Riedel v. Steger Material Handling Co.
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the cross motions of defendants Steger Material Handling Co., Inc. (Steger Material), and J.G.M. Installation & Service, Inc. (JGM), for summary judgment dismissing the complaint. There is proof from which the trier of fact could conclude that JGM created the condition that caused the accident and that Steger Material is responsible for the negligence of its subcontractor. The question of proximate cause "may be determined by the court as a matter of law only when there is but one Conclusion that may be drawn from the facts" (Miglino v Supermarkets Gen. Corp., 243 AD2d 451; see, Derdiarian v Felix Contr. Co., 51 NY2d 308, 315, rearg denied 52 NY2d 784).