67 N.Y.2d 617 | NY | 1986
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
To establish a prima facie case of negligence, a "plaintiff must generally show that the defendant’s negligence was a substantial cause of the events which produced the injury” (Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315). When an intervening act also contributes to the plaintiff’s injuries, "liability turns upon whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant’s negligence” (Derdiarian v Felix Contr. Corp., 51 NY2d, at p 315, supra). Assuming for purposes of this motion for summary judgment that defendants’ alleged negligence— allowing trespassers to gain entry to the pool area and dangerously maintaining the pool by having it filled below capacity
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.