TANGNEY v. CITY OF NEW YORK


41 A.D.2d 621 (1973)

William Tangney, Appellant, v. City of New York, Respondent City of New York, Third-Party Plaintiff, v. Consolidated Edison Co. of New York, Inc., et al., Third-Party Defendants, Consolidated Edison Company of New York, Inc., Fourth-Party Plaintiff, v. Sicilian Asphalt Paving Co., Fourth-Party Defendant

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

February 15, 1973


Respondent shall recover of appellant $60 costs and disbursements of this appeal. In order to prevail in this action, plaintiff was required to prove that defendant municipality had actual or constructive notice of the alleged unsafe condition of its roadway. Since there was no evidence of actual notice, plaintiff attempted to establish constructive notice through an engineer. The expert witness, however, stated that he was unable to give an opinion as to how long the claimed...

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