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LOMBARDOZZI v. CITY OF NEW YORK

71 Misc.2d 271 (1972)

Cosmo Lombardozzi, Respondent, v. City of New York et al., Appellants. City of New York, Third-Party Plaintiff, v. Consolidated Edison Company of New York, Inc., Third-Party Defendant.

Supreme Court, Appellate Term, First Department.

May 24, 1972

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Ellen Kramer of counsel), for City of New York, appellant. Tropp, Goldfinger & Berson (I. Sidney Worthman of counsel), for William J. Crocker, as executor of Mary V. Crocker, deceased, appellant. Joseph J. Jacobs and Samuel Bushwick for respondent.

Concur — STREIT, J. P., QUINN and GOLD, JJ.

Per Curiam.

The accident resulted from a sidewalk defect which was created by a depressed water shut-off, which controlled the service from the City of New York water main to the abutting property owned by the codefendant, the Crocker estate.

A city is responsible in an action based on the negligent condition of the sidewalk; and if the condition is a special use of an abutting owner or the result of such...

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