Lewis v. Metroplex Long Island Corp.
Cases that cite this one
3 later published cases cite this decision.
- McKenzie v. Southside Hosp. (Appellate Division of the Supreme Court of New York 2018)
- Jaffier v. Wilson (Appellate Division of the Supreme Court of New York 2008)
- Reese v. New York City Board of Education (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered June 28, 2000, as, upon a jury verdict in favor of the defendant third-party plaintiff, dismissed the complaint.
Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.
After trial the jury found that the defendant third-party plaintiff, Metroplex Long Island Corporation, was negligent, but that its negligence was not a proximate cause of the accident.
Contrary to the plaintiff’s contention, the verdict was not against the weight of the evidence. The finding of a jury that a party was negligent but that the negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are “so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause” (Rubin v Pecoraro, 141 AD2d 525, 527; see, Hernandez v Baron, 248 AD2d 440; Schaefer v Guddemi, 182 AD2d 808, 809). Under the circumstances of this case, the finding of proximate cause did not inevitably flow from the finding of culpable conduct.
The plaintiff’s remaining contention is unpréserved for appellate review. Santucci, J.P., Smith, Crane and Cozier, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.