January 18, 2023

Intervening acts and liability in personal injury actions.

When an intervening act is extraordinary under the circumstances, unforeseeable, or wholly independent or far removed from the defendant's conduct, the act may break the causal nexus as a matter of law. However, that is not the case when the intervening act is a natural and foreseeable consequence of a circumstance created by the defendant. Where the general risk and character of the injuries is foreseeable, the defendant's failure to anticipate the exact manner of the accident does not preclude liability as a matter of law.

Floricic v. City of New York, NY Slip Op 00055 (1st Dep't January 10, 2023)

Here is the decision.