Estate of Goldstein v. Kingston
The Estate of Alter A. Goldstein brought a wrongful death action after Alter A. Goldstein sustained fatal injuries when struck by a vehicle driven by defendant Debbie Miketta and owned by defendant Jonathan Kingston. The accident occurred when Miketta was reversing her vehicle on a one-way street due to workers from defendant Forest Hills Garden Corporation (FHGC) performing work. The Supreme Court granted FHGC's motion for summary judgment, dismissing the complaint against it. On appeal by the plaintiffs, the Appellate Division, Second Department, affirmed the Supreme Court's order, finding that FHGC's conduct merely created the condition for the accident and was not a proximate cause. The Court concluded that Miketta's decision to reverse her vehicle was the sole proximate cause of the decedent's injuries, and consequently dismissed the separate appeal by Kingston and Miketta.