General

John Rios, Appellant, v. Anne F. Theodore, Respondent

213 A.D.2d 617624 N.Y.S.2d 949·New York Supreme Court, Appellate Division·1995·NY

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Opinion

John Rios, Appellant, v Anne F. Theodore, Respondent. [624 NYS2d 949] [MAJORITY] —In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Silverman, J.), dated May 12, 1993, which, upon a jury verdict, is in favor of the defendant and against him in the principal sum of $950. Ordered that the judgment is affirmed, with costs. It is well settled that the determination of proximate cause is an issue for the jury (Nowlin v City of New York, 81 NY2d 81, 89; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 312). In the present case, the jury’s determination that the defendant was negligent but that her conduct was not a proximate cause of the accident which resulted in the plaintiff’s injuries is supported by a fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129, 134). Sullivan, J. P., Copertino, Hart and Krausman, JJ., concur.