D'ONOFRIO v. CITY OF NEW YORK


284 A.D. 688 (1954)

Desdemona D'Onofrio et al., Appellants, v. City of New York et al., Defendants, and Maxwell M. Strauss, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1954.


Attorney(s) appearing for the Case

John G. Coleman of counsel (Cardo & Sforza, attorneys), for appellants.

No appearance for respondent.

CALLAHAN, BREITEL, BASTOW and BOTEIN, JJ., concur; COHN, J. P., dissents and votes to affirm on the opinion of Mr. Justice FRANK at the Special Term. (.)


Per Curiam.

The complaint alleges that plaintiff wife, while a passenger in a car operated by her husband, was injured when the car mounted an unguarded pile of earth and rubble on a public highway and plunged into an excavation. All of the individual defendants are charged indiscriminately with acts of commission and omission in creating the mound and excavation and in permitting them to remain upon the highway. The...

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