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SOBEL v. CITY OF NEW YORK

9 A.D.2d 271 (1959)

Ella Sobel et al., Respondents, v. City of New York et al., Appellants. Consolidated Telegraph and Electrical Subway Co. et al., Appellants-Respondents, et al., Defendants

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

November 17, 1959.

Attorney(s) appearing for the Case

Fred Iscol of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for City of New York, appellant.

James J. McLoughlin of counsel (Anthony J. De Cicco, attorney), for W. J. Fitzgerald Paving Co., Inc., appellant.

Leonard Hemley of counsel (Robert G. Sheller and Morris L. Wolf with him on the brief; Thomas P. Curtin, attorney), for Consolidated Telegraph and Electrical Subway Co., appellant-respondent.

George J. Conway for Slattery Rock Corporation, appellant-respondent.

Moe Levine of counsel (Max Shamis with him on the brief; Levine & Baker, attorneys), for Ella Sobel and another, respondents.

BREITEL, J. P., VALENTE and STEVENS, JJ., concur with McNALLY, J.; RABIN, J., dissents in part, in opinion.

McNALLY, J.

In this action for personal injuries, involving cross complaints among the defendants, a verdict for $60,000 was rendered in favor of plaintiff Ella Sobel and for the sum of $10,000 for loss of services and medical expenses in favor of her husband Morris Sobel.

The jury's verdict in favor of the plaintiffs was against the City of New York, Consolidated Telegraph and Electrical Subway Co. and...

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