New York Court of Appeals

Prudencio Rivera v. City of New York

April 5, 196211 N.Y.2d 856

Summary

The New York Court of Appeals reversed the lower court's judgment and dismissed the complaint with costs, holding that the bathtub's plumbing condition was not the proximate cause of the injury; the accident was caused by the child's slip on a wet boot. The court affirmed that proximate cause is a question of law for the court, not a factual issue for the jury.