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DRISCOLL v. NYC TR AUTH

53 A.D.2d 391 (1976)

James E. Driscoll, Jr., et al., Respondents, v. New York City Transit Authority, Defendant, and Consolidated Edison Company of New York, Inc., Appellant and Third-Party Plaintiff-Appellant. New York City Transit Authority, Third-Party Defendant-Respondent

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

July 8, 1976

Attorney(s) appearing for the Case

Joseph D. Ahearn of counsel (Williams & O'Neill, attorneys), for Consolidated Edison Company of New York, Inc., defendant and third-party plaintiff-appellant.

John A. Murray of counsel (Helen R. Cassidy with him on the brief; Stuart Riedel, attorney), for New York City Transit Authority, third-party defendant-respondent.

Herman Schmertz of counsel (Gair, Gair & Conason and Kurland, Monsour & Winn, P.C., attorneys), for respondents.

BIRNS, SILVERMAN and LANE, JJ., concur with LUPIANO, J.; MURPHY, J.P., dissents in part in an opinion.

LUPIANO, J.

On July 19, 1965, James Driscoll, then 11 years old, was severely injured when in the course of roller skating on Second Avenue, at its intersection with East 90th Street, Manhattan, the rear right wheel of a New York City Transit Authority (hereinafter NYCTA) bus, proceeding southerly on Second Avenue, ran over him. Suit to recover for personal injuries was instituted against the NYCTA on or about...

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