Przesiek v. State, 118 A.D.3d 1326 (N.Y. App. Div. 2014). · Go Syfert
Przesiek v. State, 118 A.D.3d 1326 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: Hunt v. State of New York (nyappdiv, 2025-04-17)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Hunt v. State of New York
N.Y. App. Div. · 2025 · confidence medium
Put simply, defendant's breach plainly "increased the likelihood of an accident" in the manner that ultimately occurred ( Przesiek v State of New York , 118 AD3d 1326, 1328 [4th Dept 2014] [internal quotation marks and citation omitted]; see Turturro v City of New York , 28 NY3d at 484-485; cf. Heffler v State of New York , 96 AD2d 926, 927-928 [2d Dept 1983]).
discussed Cited as authority (rule) Tuckett v. State of New York
N.Y. App. Div. · 2023 · confidence medium
The evidence at the trial and the reasonable inferences therefrom support the court's findings ( see generally Gristwood v State of New York , 119 AD3d 1414, 1416 [4th Dept 2014]; Przesiek v State of New York , 118 AD3d 1326, 1327 [4th Dept 2014]; Marrow v State of New York , 105 AD3d 1371, 1373-1374 [4th Dept 2013]).
discussed Cited as authority (rule) Stempien v. Walls
N.Y. App. Div. · 2021 · confidence medium
Additionally, "it is well settled that there may be more than one proximate cause of the accident" ( Przesiek v State of New York , 118 AD3d 1326, 1327 [4th Dept 2014]). " '[U]nder the circumstances presented, it cannot be said that plaintiff's conduct . . . was unforeseeable . . . [and rose] to such a level of culpability as to replace [defendants'] negligence as the legal cause of the accident' " ( Sniatecki v Violet Realty, Inc ., 98 AD3d 1316, 1319 [4th Dept 2012]; see generally Potter v YMCA of Kingston & Ulster County , 136 AD3d 1265, 1266 [3d Dept 2016]; Proulx v Entergy Nuclear Indian …
cited Cited as authority (rule) Farnham v. MIC Wholesale Ltd
N.Y. App. Div. · 2019 · confidence medium
Additionally, "it is well settled that there may be more than one proximate cause of the accident" ( Przesiek v State of New York , 118 AD3d 1326, 1327 [4th Dept 2014]).
discussed Cited as authority (rule) Moustakos v. State
N.Y. App. Div. · 2015 · confidence medium
Finally, we note that claimant improperly contends for the first time in his reply brief that the exculpatory evidence would have changed the outcome of the hearing, and we therefore do not address that contention (see Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]).
discussed Cited as authority (rule) Moustakos v. State
N.Y. App. Div. · 2015 · confidence medium
Finally, we note that claimant improperly contends for the first time in his reply brief that the exculpatory evidence would have changed the outcome of the hearing, and we therefore do not address that contention (see Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]).
discussed Cited as authority (rule) Metcalf v. Cunningham
N.Y. App. Div. · 2015 · confidence medium
Similarly, defendants’ contention that they are entitled to counsel fees arising from plaintiff’s motion for summary judgment is raised for the first time in their reply brief on appeal, and “it is well settled that a contention raised for the first time in a reply brief is not properly before us” (Becker-Manning, Inc. v Common Council of City of Utica, 114 AD3d 1143, 1144 [2014]; see HSBC Bank USA, N.A. v Prime, L.L.C., 125 AD3d 1307, 1307-1308 [2015]; Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]).
discussed Cited as authority (rule) Metcalf v. Cunningham
N.Y. App. Div. · 2015 · confidence medium
Similarly, defendants’ contention that they are entitled to counsel fees arising from plaintiff’s motion for summary judgment is raised for the first time in their reply brief on appeal, and “it is well settled that a contention raised for the first time in a reply brief is not properly before us” (Becker-Manning, Inc. v Common Council of City of Utica, 114 AD3d 1143, 1144 [2014]; see HSBC Bank USA, N.A. v Prime, L.L.C., 125 AD3d 1307, 1307-1308 [2015]; Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]).
discussed Cited as authority (rule) Honer v. McComb
N.Y. App. Div. · 2015 · confidence medium
We also reject the County’s contention that even assuming, arguendo, it was negligent, its negligence was not a proximate cause of plaintiffs injuries. “[I]t is well settled that there may be more than one proximate cause of [an] accident” (Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]).
discussed Cited as authority (rule) Honer v. McComb
N.Y. App. Div. · 2015 · confidence medium
We also reject the County’s contention that even assuming, arguendo, it was negligent, its negligence was not a proximate cause of plaintiffs injuries. “[I]t is well settled that there may be more than one proximate cause of [an] accident” (Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]).
discussed Cited as authority (rule) Smart v. Rivet
N.Y. App. Div. · 2015 · confidence medium
Here, the established facts do not demonstrate conclusively that the accident was caused solely by the allegedly dangerous condition at the restaurant (see Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]), or that the accident occurred so quickly that any lack of supervision by OCO was not a proximate cause of the accident (cf. Convey, 271 AD2d at 160 ).
discussed Cited as authority (rule) Smart v. Rivet
N.Y. App. Div. · 2015 · confidence medium
Here, the established facts do not demonstrate conclusively that the accident was caused solely by the allegedly dangerous condition at the restaurant (see Przesiek v State of New York, 118 AD3d 1326, 1327 [2014]), or that the accident occurred so quickly that any lack of supervision by OCO was not a proximate cause of the accident (cf. Convey, 271 AD2d at 160 ).
Retrieving the full opinion text from the archive…
Marlyn Przesiek
v.
State of New York
Claim No. 112217.
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 2014.
118 A.D.3d 1326
Fahey, Lindley, Scudder, Valentino, Whalen.
Cited by 16 opinions  |  Published

Appeal from a judgment of the Court of Claims (Michael E. Hudson, J.), entered December 19, 2012. The interlocutory judgment apportioned liability for negligence after a trial.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Claimants commenced this action against defendant, the State of New York (State), seeking damages for injuries that Marlyn Przesiek (claimant) sustained in a motor vehicle accident that occurred at the intersection of Bullis Road and Two Rod Road in the Town of Marilla. At the time of the accident, claimant was a passenger in a vehicle operated by Mary Ann Kiczewski. While traveling east on Bullis Road, a county road, Kiczewski stopped at the intersection of Two Rod Road, a State-owned highway. There was a stop sign and a flashing red traffic light facing motorists on Bullis Road as they approached the intersection, which is regulated by the State. After coming to a complete stop and then entering the intersection, Kiczewski’s vehicle was struck on the passenger’s side by a dump truck operated by Richard Martin, who was traveling north on Two Rod Road and faced a flashing yellow traffic light[*1327] at the intersection. Kiczewski evidently did not see the approaching truck, and claimant, sitting in the front passenger’s seat, sustained severe injuries in the accident, rendering her totally disabled.

Claimants alleged in their claim that the State negligently maintained the intersection. Following a nonjury trial on the issue of liability, the Court of Claims determined that the State was negligent in allowing dangerous sight-line and sight-distance problems to exist at the intersection; in placing the stop sign on Bullis Road too far from the intersection, thereby making it difficult for stopped motorists to see northbound vehicles on Two Rod Road; and in failing to reduce the speed limit on Two Rod Road. The court thereafter apportioned fault at 70% for Kiczewski, 20% for the State, and 10% for Martin, and indicated that it would schedule a separate trial on the issue of damages. That trial has not yet been conducted. We now affirm.

We note at the outset that the State’s contention that the stop sign was not negligently placed is not properly before us inasmuch as it is raised for the first time in its reply brief (see Becker-Manning, Inc. v Common Council of City of Utica, 114 AD3d 1143, 1144 [2014]; see Stubbs v Capellini, 108 AD3d 1057, 1059 [2013]). We reject the State’s contention that claimants failed to meet their burden of establishing that its negligence was a proximate cause of claimant’s injuries. “In order to prevail at trial in a negligence case, a [claimant] ... is not required to exclude every other possible cause, but need only offer evidence from which proximate cause may be reasonably inferred” (Burgos v Aqueduct Realty Corp., 92 NY2d 544, 550 [1998]). Here, based on our review of the record, we conclude that a fair interpretation of the evidence supports the court’s determination that the State’s failure to remedy a known dangerous condition at the intersection was a substantial factor in bringing about the accident (see generally Brown v State of New York, 79 AD3d 1579, 1582 [2010]).

Although it is true, as the State contends, that the accident was caused primarily by the negligence of Kiczewski, who failed to yield the right-of-way to the truck, it is well settled that there may be more than one proximate cause of the accident (see Aloi v Ellis, 96 AD3d 1564, 1565 [2012]; Anastasi v Terio, 84 AD3d 992, 992 [2011]), and it cannot be said on this record that Kiczewski’s negligence, or that of Martin, was a superseding cause of the accident that severed any causal connection between claimant’s injuries and the State’s negligence (see Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 [1980], rearg [*1328] denied 52 NY2d 784 [1980]). Because claimants proved that the State’s negligence “increased the likelihood of an accident,” we conclude that the court properly determined that the State’s negligence was a “concurring cause” of the accident (Vasquez v Figueroa, 262 AD2d 179, 182 [1999]).

Finally, for the reasons stated by the court in its decision, we reject the State’s contention that claimants failed to prove by a preponderance of the evidence that it was negligent in failing to reduce the speed limit on Two Rod Road before it intersects with Bullis Road.

Present—Scudder, P.J., Fahey, Lindley, Valentino and Whalen, JJ.