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BUNDY v. CITY OF NEW YORK

23 A.D.2d 392 (1965)

Lillian Bundy, Respondent, v. City of New York et al., Respondents; Slattery Contracting Company, Inc., Appellant, et al., Defendants Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Respondent, v. W. J. Fitzgerald Paving Company, Inc., Third-Party Defendant-Respondent

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

July 6, 1965.

Attorney(s) appearing for the Case

Russell B. Greaves of counsel (John J. Bradbury with him on the brief; George J. Conway, attorney), for Slattery Contracting Company, Inc., appellant.

Harry H. Lipsig for Lillian Bundy, respondent.

Joseph D. Ahearn of counsel (John M. Keegan, attorney), for respondent and third-party plaintiff-respondent.

Stuart Riedel for Lester T. Doyle, respondent.

David T. Walsh for third-party defendant-respondent.

McNALLY and STALEY, JJ., concur with STEUER, J.; EAGER, J., dissents in opinion in which RABIN, J. P., concurs.

STEUER, J.

At the trial of this action all parties stipulated that plaintiff's injuries were reasonably compensable at $15,000. The accident occurred when plaintiff got off a bus operated by Surface Transportation Corporation (herein Surface, though the defendant is Lester T. Doyle, its trustee in reorganization). On alighting she was caused to fall by an obstruction in the roadway. The obstruction was due to...

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