Chaney v. New York City Transit Authority.
| Decision Date | 19 October 1961 |
| Citation | 223 N.Y.S.2d 502,10 N.Y.2d 871,179 N.E.2d 507 |
| Parties | , 179 N.E.2d 507 Esther CHANEY, Administratrix of the Goods, Chattels and Credits of Walter Chaney, Deceased, Plaintiff-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Respondent and Third-Party Plaintiff-Appellant, v. George CAMPBELL et al., ect., Third-Party Defendants-Respondents. Kostas GODULAS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Respondent and Third-Party Plaintiff-Appellant, v. George CAMPBELL et al., etc., Third-Party Defendants-Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 12 A.D.2d 61, 208 N.Y.S.2d 205.
Actions were brought against the New York City Transit Authority by administratrix of estate of deceased painter and by injured painter to recover damages for the death of the deceased painter and for injuries sustained by the surviving painter as result of falls when a passenger at a subway station brushed or was pushed against scaffolding on which the painters were working, on ground that Transit Authority was negligent in failing to adequately rope off or barricade vicinity of scaffolding.
The Supreme Court, Trial and Special Term, New York County, Harry B. Frank, J., Godulas v. New York City Transit Authority, 18 Misc.2d 831, 188 N.Y.S.2d 230, rendered judgment against the transit authority and granted the transit authority judgment over against the contractor because of an indemnity agreement, and appeals were taken.
The Appellate Division, Breitel, J., 12 A.D.2d 61, 208 N.Y.S.2d 205, reversed the judgments with directions and held that where scaffolding was unsafe, Transit Authority was not liable on theory that it provided an unsafe place to work.
The administratrix of the deceased painter and the injured painter, and the transit authority appealed to the Court of Appeals.
William D. Van Pelt, New York City, for plaintiff-appellant Esther chaney.
Zelby & Burstein, New York City, for plaintiff-appellant Kostas Godulas (Benjamin H. Siff, New York City, of counsel).
Rudser & Fitzmaurice, New York City (William F. McNulty, New York City, of counsel), for third-party defendants-respondents.
In each action: Judgment affirmed, without costs.
All concur.
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