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KATZ v. CITY OF NEW YORK

231 A.D.2d 448 (1996)

647 N.Y.S.2d 85

Sylvia Katz et al., Respondents, v. City of New York et al., Defendants City of New York, Third-Party Plaintiff-Respondent-Appellant, v. Anthony Grace and Sons, Inc., Third-Party Defendant-Appellant-Respondent

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

September 19, 1996

The relevant contract between the City and its general contractor, testimony at trial, and the police accident report support the jury's conclusion that the City and its general contractor, Grace, were equally responsible for the injuries sustained by plaintiff.

Since the City and/or its agent created the hazardous condition, no prior notice to the City of the hazard was required in order to hold the City liable (see, Blake v City of Albany, ...

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