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TRIEGER v. CITY OF NEW YORK

17 Misc.2d 103 (1959)

Jack Trieger, Respondent, v. City of New York, Defendant-Appellant and Third-Party Plaintiff-Respondent. Anthony Grace & Sons, Inc., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

January 29, 1959.

Attorney(s) appearing for the Case

McDevitt, Stricker & Needham (William Marino of counsel), for third-party defendant-appellant.

Charles H. Tenney, Corporation Counsel (Seymour B. Quel and Irving Genn of counsel), for defendant-appellant and third-party plaintiff-respondent.

Concur — HECHT, J. P., AURELIO and TILZER, JJ.

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...

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