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BLAKE v. CITY OF ALBANY

48 N.Y.2d 875 (1979)

Mary Blake, Respondent-Appellant, v. City of Albany, Appellant-Respondent. (Action No. 1.) Mary Blake, Appellant, v. Niagara Mohawk Power Corp., Defendant and Third-Party Plaintiff-Respondent. UTEC Constructors, Inc., et al., Third-Party Defendants-Respondents. (Action No. 2.) Mary Blake, Appellant, v. UTEC Constructors, Inc., et al., Respondents. (Action No. 3.)

Court of Appeals of the State of New York.

Decided November 29, 1979.

Attorney(s) appearing for the Case

Martin Brickman for plaintiff-appellant.

John E. Roe, Corporation Counsel (Joseph V. Zumbo of counsel), for defendant-appellant.

James N. Conboy for Niagara Mohawk Power Corp., respondent.

William M. O'Hare for UTEC Constructors, Inc., respondent.

Myron Komar for Weber Construction Company, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The city having withdrawn any reliance on its Local Law No. 1 (1953) on the argument of this appeal, the issues essentially are reduced to two: (1) Was the evidence connecting Weber and, through it, Niagara Mohawk and UTEC with the accident sufficient to support verdicts against them? and (2) Was there enough proof that the city had notice...

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