Opinion
Argued April 20, 1970
Decided May 13, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK S. McCULLOUGH, J.
Richard D. Smith for appellant.
John J. Bradbury and J. Robert Morris for respondent.
Order reversed, with costs, and judgment directed for appellant on her cross claim against respondent upon the ground that, as between the Water Company and Schulman, the Water Company had the primary duty to correct the condition which was the proximate cause of the accident. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.