Bundy v. City of New York

• Decision Date: 23 January 1964
• Citation: 13 N.Y.2d 1181,248 N.Y.S.2d 220
• Parties: , 197 N.E.2d 618 Lillian BUNDY, Respondent, v. The CITY OF NEW YORK et al., Appellants-Respondents, Slattery Contracting Company, Inc., et al., Appellants, and John Doe et al., Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc., Third-Party Plaintiff, v. W. J. FITZGERALD PAVING COMPANY, Inc., Third-Party Defendant.
• Court: New York Court of Appeals Court of Appeals

Page 220

248 N.Y.S.2d 220

13 N.Y.2d 1181, 197 N.E.2d 618

Lillian BUNDY, Respondent, v. The CITY OF NEW YORK et al., Appellants-Respondents,

Slattery Contracting Company, Inc., et al.,

Appellants, and John Doe et al., Defendants.

CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc., Third-Party Plaintiff, v. W. J. FITZGERALD PAVING COMPANY, Inc., Third-Party Defendant.

Court of Appeals of New York.

Jan. 23, 1964.

Appeal from Supreme Court, Appellate Division, First Department, 18 A.D.2d 799, 237 N.Y.S.2d 138.

Bus passenger, who was injured when she stepped directly into a street excavation on alighting from bus, brought personal injury action against city, utility, utility's contractor which had made the excacation, the bus company, and others.

The Supreme Court, Special and Trial Term, New York County, John L. Flynn, J., entered judgment for the passenger against the city, utility, its contractor, and the bus company and in favor of the city on its cross claim against the contractor and the utility, and appeals were taken.

The Appellate Division modified the judgment, affirmed the judgment as modified, and held that city was entitled to full indemnity from utility, and that excavation contractor, which was bound to maintain trenches and openings until ten days after it had notified utility that condition of trench was satisfactory for restoration of permanent pavement, and which gave no such written notice, was liable to indemnity utility fully for its liability for passenger's injuries sustained within ten days after notification of utility, and that bus company was liable for failure to afford passenger a safe place to alight.

Steuer, J., dissented in part.

Appeals were taken to the Court of Appeals.

Leo A. Larkin, New York City (Seymour B. Quel and Fred Iscol, New York City, of counsel), for defendant-appellant-respondent City of New York.

George J. Conway, New York City (Philip J. O'Brien and Philip J. O'Brien, Jr., New York City, of counsel), for defendant-appellant-respondent Slattery.

John M. Keegan, New York City (William F. McCauley, New York City, of counsel), for defendant-appellant-respondent Consolidated Edison Co. of New York, Inc.

Stuart Riedel, New York City, for defendant-appellant Lester T. Doyle.

Harry H. Lipsing, New York City (Murray L. Lewis, New York City, of counsel), for plaintiff-respondent.

Judgment affirmed, with costs to plaintiff against defendants Slattery Contracting Co., Inc., and Lester T. Doyle, trustee, etc....