DOYLE v. NEW YORK CITY TR. AUTH.


17 Misc.2d 675 (1959)

David W. Doyle, Plaintiff, v. New York City Transit Authority et al., Defendants. City of New York, Third-Party Plaintiff, v. Poirier & McLane Corporation, Third-Party Defendant. New York City Transit Authority et al., Fourth-Party Plaintiffs, v. Poirier & McLane Corporation, Fourth-Party Defendant.

Supreme Court, Special Term, Kings County.

June 2, 1959.


Attorney(s) appearing for the Case

Lawless & Lynch for Poirier & McLane Corporation.

Austin E. Titus, Jr., for plaintiff.

Daniel E. Scannell for New York City Transit Authority.

Charles H. Tenney, Corporation Counsel, for City of New York.


JAMES S. BROWN, J.

Motion by fourth-party defendant to dismiss the fourth-party complaint.

The main complaint alleges, as a first cause of action, that while plaintiff was walking on the sidewalk he was struck by a bus operated by the New York City Transit Authority and defendant Muller as a result of which he sustained injury. A second cause of action was asserted against the City of New York for neglect...

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