Rivera v. City of New York
Cases that cite this one
83 later published cases cite this decision. The 24 that cite it most often are listed here.
- Muhaymin v. Negron (Appellate Division of the Supreme Court of New York 1982)
- Martinez v. Lazaroff (Appellate Division of the Supreme Court of New York 1978)
- Rita Jean Vasina, as of the Estate of William Arthur Vasina, Deceased v. Grumman Corp. And Grumman Aerospace Corp. (2d Cir. 1981)
- Fontaine v. Ryan (District Court, S.D. New York 1993)
- Green v. New York City Housing Authority (N.Y. 1982)
- Pagan v. Goldberger (Appellate Division of the Supreme Court of New York 1976)
- Boderick v. R.Y. Management Co. (Appellate Division of the Supreme Court of New York 2009)
- In re September 11 Litigation (District Court, S.D. New York 2003)
- Olejniczak v. E.I. Du Pont De Nemours & Co. (District Court, W.D. New York 1998)
- Elsroth Ex Rel. Estate of Elsroth v. Johnson & Johnson (District Court, S.D. New York 1988)
- Gregory Caraballo v. United States (2d Cir. 1987)
- Trimarco v. Klein (Appellate Division of the Supreme Court of New York 1981)
- Mace v. Ryder Truck Rental, Inc. (Appellate Division of the Supreme Court of New York 1977)
- Vinogradov v. Clicquot Club Co. (Appellate Division of the Supreme Court of New York 1977)
- In re Ira Haupt & Company (District Court, S.D. New York 1969)
- Miecznikowski v. Robida (Appellate Division of the Supreme Court of New York 2000)
- Sanchez v. Biordi (Appellate Division of the Supreme Court of New York 1999)
- Leyva v. Levy (Appellate Division of the Supreme Court of New York 1986)
- Randolph v. City of New York (Appellate Division of the Supreme Court of New York 1986)
- Nallan v. Helmsley-Spear, Inc. (Appellate Division of the Supreme Court of New York 1979)
- Walsh v. 333 Bronx Riv. Tenants Corp. (Appellate Division of the Supreme Court of New York 2026)
- Barone v. Liberty Cab Co. (Appellate Division of the Supreme Court of New York 2024)
- Betts v. Sixty Lower East Side, LLC (District Court, S.D. New York 2023)
- Clayson v. Williams (Appellate Division of the Supreme Court of New York 2022)
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
The judgment should be reversed and the complaint dismissed, with costs in all courts. Where the evidence as to the cause of the accident which injured plaintiff is undisputed, the question as to whether any act or omission of the defendant was a proximate cause thereof is one for the court and not for the jury. (Hoffman v. King, 160 N. Y. 618, 628; Gralton v. Oliver, 277 App. Div. 449, 454, affd. 302 N. Y. 864; Bolsenbroek v. Tully & Di Napoli, 12 A D 2d 376, affd. 10 N Y 2d 960.) This court has consistently held that the negligence complained of must have caused the occurrence of the accident from which the injuries flow. (Storrs v. City of Utica, 17 N. Y. 104; Applebee v. State of New York, 308 N. Y. 502.) It is clear in the present case that the condition of the bathtub’s plumbing was not the proximate cause of the accident. The hot water created the specific injuries for which damages were sought and determined the gravity of the consequences resulting from the accident, but it did not cause the intervening act which was not foreseeable. (Barney v. Habern Realty Corp., 281 App. Div. 278, affd. 306 N. Y. 820.) The accident was caused by the slipping of a wet boot while the child balanced on the curved edge of the bathtub. (Lefkowitz v. Greenwich Sav. Bank, 293 N. Y. 711.)
Judges Fuld, Froessel, Burke and Foster poncur in Memorandum; Chief Judge Desmond and Judges Dye and Van Voorhis dissent and vote to affirm upon the ground that the record presents questions of fact as to causation and foreseeability.
Judgment reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.