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BOLTE v. CITY OF NEW YORK

28 A.D.2d 232 (1967)

Lucy Bolte, as Administratrix of The Estate of Gustave Bolte, Deceased, Respondent, v. City of New York, Appellant-Respondent; Broadway Maintenance Corp., Appellant; Safeway Stores, Inc., Respondent, et al., Defendant

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

November 9, 1967.

Attorney(s) appearing for the Case

L. Michael Rudolph of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant-respondent.

David S. Konheim of counsel (Garvin & Gemmelli and Konheim & Halpern, attorneys), for Broadway Maintenance Corp., appellant.

Abraham Shapiro of counsel (Weisman, Celler, Allan, Spett & Sheinberg, attorneys), for Safeway Stores, Inc., respondent.

Arthur N. Seiff of counsel (Harry H. Lipsig, attorney), for Lucy Bolte, respondent.

EAGER, J. P., RABIN and McGIVERN, JJ., concur with WITMER, J.; CAPOZZOLI, J., dissents in opinion.

WITMER, J.

Plaintiff's intestate, a pedestrian crossing Webster Avenue at East 183rd Street in The Bronx, was struck and killed by an unknown (hit and run) motorist on the evening of November 2, 1959. Plaintiff brought this action to recover against the City of New York and the Broadway Maintenance Corp. (Broadway) for negligent maintenance of the traffic signal light at the northwest corner of the intersection...

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