DERDIARIAN v. FELIX CONTRACTING CORP Appellate Division of the Supreme Court of New York, Second Department. (13 Aug, 1979) 13 Aug, 1979 And a Third Party Action. The acts of a third person will be deemed a "superseding cause which interrupted the link between [the defendant's] negligence and plaintiff's injuries" when they are "independent intervening acts which operate upon but do not flow from the original negligence." Motion for reargument denied with 20 costs. CASE BRIEF WORKSHEET Title of Case: Derdiarian v.Felix Contracting Corp., NY C of A, 1980. The first, and most crucial defense is the well-settled doctrine that the Contractor cannot be negligent if no duty is owed to the plaintiff. 1 Bayside Pipe Coaters, plaintiff Harold Derdiarian's employer, was engaged as a subcontractor to seal the gas main. The plaintiff sued Dickens and the construction company, the latter on the theory that they negligently failed to maintain a safe work site. Defendants. The plaintiff was an employee of a subcontractor who was engaged in sealing a gas main. case_brief_8_keith_woodard_2.doc: File Size: 31 kb: File Type: doc: Download File. See Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308 (1980). if the injury that occurred is within the risk that you created as a defendant, the exact manner of injury is irrelevant. Proximate cause is a jury question (Derdiarian v Felix Contracting Corp, 51 NY2d 308, 315), and we see no reason to disturb the jury's determination that the negligence of both the City and Robertson contributed to the accident. Derdiarian v. Felix Contracting Corp. case brief summary 414 N.E.2d 666 (N.Y. 1980) CASE SYNOPSIS. During the fall of 1973 defendant Felix Contracting Corporation was performing a contract to install an underground gas main in the City of Mount Vernon for defendant Con Edison. Derdiarian v. Felix Contracting Corp. Court of Appeals of New York, 1980.. 51 N.Y.2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166. Mr. Derdiarian v. Felix Contracting Corp. if the act is one designed to be prevented then that is not an act that will break the chain of liability because it is an intervening cause. Respondents v. Felix Contracting Corp. Appellant and Consolidated Edison Company of New York Inc. Respondent et al. See Safa v. Bay Ridge Auto, 84 A.D.3d 1344 (2d Dep’t 2011). Harold Derdiarian et al. Prosser, pp. Motion for a stay dismissed as academic. See 51 N.Y.2d 308. The case involved a motor vehicle accident in which the defendant James Dickens suffered from an epileptic seizure while driving his vehicle. (Id., at 315-16.) 51 N.Y.2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166 . 320-322 . 35,43; Derdiarian v Felix Contracting Corp., 51 Megally v LaPorta, 253 AD2d AD2d 425,427). The defendant was a contracting corporation that was performing a contract to install an underground gas main. Facts: Dickens lost consciousness while driving and hit the plaintiff, a subcontractor at a construction site. 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