KARTEN v. CITY OF NEW YORK


109 A.D.2d 126 (1985)

Beverly Karten et al., Appellants, v. City of New York, Respondent and Third-Party Plaintiff. Consolidated Edison, Third-Party Defendant-Respondent Consolidated Edison Company of New York, Inc., Fourth-Party Plaintiff-Respondent, v. Interboro Asphalt Paving Co., Inc., Fourth-Party Defendant-Respondent

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

June 25, 1985


Attorney(s) appearing for the Case

Richard Cary Spivack of counsel (Abbott & Bushlow, attorneys), for appellants.

Ellen B. Fishman of counsel (Stephen J. McGrath with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for defendant-respondent and third-party plaintiff.

Geraldine O'Donnell of counsel (Ernest J. Williams, attorney), for third-party defendant-respondent.

KUPFERMAN, J. P., SULLIVAN, MILONAS and ELLERIN, JJ., concur.


FEIN, J.

On September 16, 1977, plaintiff Beverly Karten (Beverly), then 45 years of age, was crossing East 52nd Street in the crosswalk on the westerly side of Lexington Avenue in Manhattan when she fell and sustained a comminuted fracture of her right elbow by reason of an allegedly dangerous and defective condition in the roadway pavement. There was no direct evidence of actual notice of the condition nor...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases