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DEWITT PROPS. v. CITY OF N. Y.

47 A.D.2d 300 (1975)

DeWitt Properties Associates Inc. et al., Respondents, v. City of New York, Appellant, and Consolidated Edison Co. of New York, Inc., Respondent

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

April 15, 1975

Attorney(s) appearing for the Case

Bernard Burstein of counsel (L. Kevin Sheridan and Richard Gross with him on the brief; Adrian P. Burke, Corporation Counsel), for appellant.

Harry Salvan (Sherwood Allen Salvan with him on the brief), attorney for DeWitt Properties Associates, Inc., and another, respondents.

Joseph J. Klem of counsel (Williams & O'Neill, attorneys), for Consolidated Edison Co. of New York, Inc., respondent.

STEVENS, P. J., LANE and NUNEZ, JJ., concur with KUPFERMAN, J.; MURPHY, J., dissents in an opinion.

KUPFERMAN, J.

On the issue of liability only in an action for recovery of property damage resulting from a watermain break, the jury found for the plaintiffs and fixed the degree of liability between the defendants, 70% against Consolidated Edison Company of New York (Con Ed) and 30% against the City of New York (City).

The case against Con Ed rested on specific...

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