The following excerpt is from Mercado v. Vega, 569 N.Y.S.2d 595, 572 N.E.2d 36, 77 N.Y.2d 918 (N.Y. 1991):
The issue of causation is generally resolved by the fact finder (Kriz v. Schum, 75 N.Y.2d 25, 550 N.Y.S.2d 584, 549 N.E.2d 1155; Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166, 414 N.E.2d 666). The City's argument that the reckless conduct of the driver of plaintiff's car was the sole, superseding cause of the accident as a matter of law is therefore unavailing on this record and under traditional review standards, and there should not be a dismissal of the complaint and action.
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