Trieger v. City of New York

Appellate Terms of the Supreme Court of New York

Trieger v. City of New York

17 Misc. 2d 103, 183 N.Y.S.2d 853, 1959 N.Y. Misc. LEXIS 4411

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 29, 1959

StatusPublished

This text of 17 Misc. 2d 103 (Trieger v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trieger v. City of New York, 17 Misc. 2d 103, 183 N.Y.S.2d 853, 1959 N.Y. Misc. LEXIS 4411 (N.Y. Ct. App. 1959).

Pincite

Opinion

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 — Hbcht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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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 — Hbcht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

17 Misc. 2d 103, 183 N.Y.S.2d 853, 1959 N.Y. Misc. LEXIS 4411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trieger-v-city-of-new-york-nyappterm-1959.