Kraye v. Long Island Lighting Co.

Appellate Division of the Supreme Court of New York

Kraye v. Long Island Lighting Co.

42 A.D.2d 972, 348 N.Y.S.2d 16, 1973 N.Y. App. Div. LEXIS 3439

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1973

StatusPublished

Cited by10 cases

This text of 42 A.D.2d 972 (Kraye v. Long Island Lighting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kraye v. Long Island Lighting Co., 42 A.D.2d 972, 348 N.Y.S.2d 16, 1973 N.Y. App. Div. LEXIS 3439 (N.Y. Ct. App. 1973).

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Opinion

In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Nassau County, dated November 10, 1972, which granted plaintiff’s motion to restore the action to the Trial Calendar and denied 'defendant’s cross motion for summary judgment. Order reversed, on the law, without costs; plaintiff’s motion denied; and defendant’s cross motion granted. Plaintiff’s intestate was a passenger in an automobile which crashed into an iron girder that had a directional sign on it. Plaintiff contends that the accident was caused solely by the failure of defendant, a public utility, to illuminate the área, in that it had not replaced burned-out bulbs, in violation of the contract between defendant and the public authorities. In our opinion, there is no liability on the part of defendant to plaintiff (Shubitz v. Consolidated Edison Go. of N. Y., 59 Mise 2d 732; Nicholson v. City of New York, 271 App. Div. 899, affd. 297 N. Y. 548). Hopkins, Acting P. J., Martuscello, Gulotta, Christ and Brennan, JJ., concur.

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In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Nassau County, dated November 10, 1972, which granted plaintiff’s motion to restore the action to the Trial Calendar and denied 'defendant’s cross motion for summary judgment. Order reversed, on the law, without costs; plaintiff’s motion denied; and defendant’s cross motion granted. Plaintiff’s intestate was a passenger in an automobile which crashed into an iron girder that had a directional sign on it. Plaintiff contends that the accident was caused solely by the failure of defendant, a public utility, to illuminate the área, in that it had not replaced burned-out bulbs, in violation of the contract between defendant and the public authorities. In our opinion, there is no liability on the part of defendant to plaintiff (Shubitz v. Consolidated Edison Go. of N. Y., 59 Mise 2d 732; Nicholson v. City of New York, 271 App. Div. 899, affd. 297 N. Y. 548). Hopkins, Acting P. J., Martuscello, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 972, 348 N.Y.S.2d 16, 1973 N.Y. App. Div. LEXIS 3439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraye-v-long-island-lighting-co-nyappdiv-1973.

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