Trieger v. City of New York

Full title: JACK TRIEGER, Respondent, v. CITY OF NEW YORK, Defendant-Appellant and…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 29, 1959

17 Misc. 2d 103 (N.Y. App. Term 1959)

183 N.Y.S.2d 853

Opinion

January 29, 1959

Appeal from the Municipal Court of the City of New York, Borough of The Bronx, JAMES W. DONOGHUE, J.

McDevitt, Stricker Needham ( William Marino of counsel), for third-party defendant-appellant.

Charles H. Tenney, Corporation Counsel ( Seymour B. Quel and Irving Genn of counsel), for defendant-appellant and third-party plaintiff-respondent.

Per Curiam.

The evidence adduced at the trial is insufficient to warrant a finding that the mere presence of loose gravel on the roadway undergoing repairs constitutes such a danger so as to impose liability for negligence on those under a duty to repair. Nor has plaintiff established any causal relationship between the condition on the roadway and the damages alleged to have been sustained.

The judgment should be reversed, judgment directed in favor of the defendant dismissing the claim of plaintiff, and dismissing the claimover in favor of third-party plaintiff against the impleaded third-party defendant, all without costs.

Concur — HECHT, J.P., AURELIO and TILZER, JJ.

Judgment reversed, etc.