ROCHER v. NEW YORK CITY TR. AUTH.


11 Misc.2d 951 (1958)

Lydia Rocher et al., Respondents, v. New York City Transit Authority, Appellant, et al., Defendant.

Supreme Court, Appellate Term, First Department.

January 23, 1958.


Attorney(s) appearing for the Case

Daniel T. Scannell, Helen R. Cassidy and Abraham Satran for appellant.

Freda Silbowitz for respondents.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

The passage of a 10-minute interval during which the alleged dangerous condition existed is not a sufficient time lapse within which to charge defendant, under all the circumstances here, with constructive notice.

If the condition had been created by the porter, despite the fact that he was not in defendant's employ, the porter's negligence in the execution of a nondelegable duty imposed on defendant...

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