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PROCIDA v. CITY OF NEW YORK

28 N.Y.2d 681 (1971)

Carmelo Procida, Appellant, v. City of New York, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 3, 1971.

Attorney(s) appearing for the Case

Bernard Meyerson, Moe Levine and Aaron J. Broder for appellant.

J. Lee Rankin, Corporation Counsel (Alfred Weinstein, Stanley Buchsbaum and George A. Weiler of counsel), for respondent.

Concur: Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON. Judge JASEN dissents and votes to affirm in the following opinion in which Judge SCILEPPI concurs. Taking no part: Judge BURKE.

Order reversed and new trial granted, with costs to abide the event, upon the ground that a prima facie case of negligence was made out. There was adequate evidence of notice, which the jury was warranted in accepting, adduced largely from city employees and city records.

JASEN, J. (dissenting).

I dissent and vote to affirm.

The plaintiff, an employee of the New York City Transit Authority, was injured while driving a bus on an assigned...

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