New York Court of Appeals

Kenneth Gayle, Appellants v. City of New York, Respondent, Defendants

October 20, 199892 N.Y.2d 936

Summary

The New York Court of Appeals reversed the Appellate Division and remanded the case, holding that plaintiffs need not eliminate every conceivable alternative cause to prove proximate cause; they must show that the defendant's negligence is more likely than any other cause. The court found the lower court had erred by requiring proof that all other variables were ruled out.