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GRAZIOSO v. CITY OF NEW YORK

11 Misc.2d 301 (1958)

Carmine Grazioso, Individually and as Administrator of The Estate of Kenneth Grazioso, Deceased, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Kings County.

February 25, 1958.

Attorney(s) appearing for the Case

Jacob D. Fuchsberg for plaintiff.

Adrian P. Burke, Corporation Counsel (Alfred Duffy of counsel), for City of New York, defendant.

Abraham M. Levy for Welsbach Corporation, defendant.

BENJAMIN BRENNER, J.

This is a cross claim for indemnification in an action for wrongful death and conscious pain and suffering of an infant due to a collision at an intersection where a traffic light had failed to operate because of a burned-out bulb. The jury rendered a verdict of $20,750 against both the owner of the colliding vehicle and the City of New York. The latter, relying on both contract and common...

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