Citowitz v. City of New York, 1
Decision Date | 28 July 1980 |
Docket Number | No. 4,No. 2,No. 1,No. 3,1,2,3,4 |
Citation | 430 N.Y.S.2d 135,77 A.D.2d 642 |
Parties | Richard CITOWITZ et al., Respondents, et al., Plaintiffs, v. The CITY OF NEW YORK et al., Appellants-Respondents. (Action) Walter MISCHKE et al., Respondents, v. The CITY OF NEW YORK et al., Appellants-Respondents. (Action) Alfred BOLD et al., Respondents-Appellants, v. The CITY OF NEW YORK et al., Appellants-Respondents, et al., Defendants. (Action) Thomas J. KILKENNY et al., Respondents, v. MOBIL OIL CORPORATION et al., Defendants, Third-Party Plaintiffs-Appellants-Respondents; The City of New York, Third-Party Defendant-Respondent-Appellant. (Action) |
Court | New York Supreme Court — Appellate Division |
Crowe, McCoy, Agoglia, Fogarty & Zweibel, P.C., Mineola, Trial Counsel to Geoffrey A. Smith, New York City (Morris Zweibel and Harold V. McCoy, New York City, of counsel), for appellants-respondents Mobil Oil Corp. and Walter Block.
Allen G. Schwartz, Corporation Counsel, New York City (Bernard Abel and L. Kevin Sheridan, New York City, of counsel), for defendant-appellant-respondent City of New York.
Joseph F. Votto, Elmhurst (Frank S. Polestino, Jamaica, of counsel), for respondents-appellants Bold (Action No. 3).
Lipsig, Sullivan, Mollen & Liapakis, P.C., New York City (Pamela Anagnos Liapakis, New York City, of counsel), for respondents in Actions Nos. 1 and 2.
Joachim, Flanzig & Weissman and William Beasley, Jr., Mineola (Stanley Weissman, Mineola, of counsel), for respondents in Action No. 4).
Before RABIN, J. P., and GULOTTA, COHALAN and MARGETT, JJ.
MEMORANDUM BY THE COURT.
In consolidated actions to recover damages for personal injuries, etc., defendants Mobil Oil Corporation, Walter Block and the City of New York appeal from (1) an order of the Supreme Court, Queens County, dated May 14, 1979, which set aside so much of the jury verdict as found plaintiffs guilty of contributory negligence and (2) an interlocutory judgment of the same court entered May 24, 1979, which is in favor of plaintiffs and against them upon a jury verdict, after a trial limited to the issue of liability only. Plaintiffs Bold cross-appeal from so much of the interlocutory judgment as reflects the trial court's dismissal of the cause of action against Mobil Oil and Block predicated on a theory of statutory liability under section 205-a of the General Municipal Law.
Interlocutory judgment and order affirmed, with one bill of costs payable jointly to plaintiffs appearing separately and filing separate briefs.
The male plaintiffs were firemen who were injured by an explosion in their firehouse on May 14, 1974, as defendant Block, an employee of defendant Mobil Oil finished making a delivery of gasoline.
The...
To continue reading
Request your trial-
Rodriguez v. City of New York
...N.E.2d 1088]; see also, MacClave v. City of New York, 19 NY2d 892 [281 N.Y.S.2d 86, 227 N.E.2d 885], affg 24 AD2d 230 ; Citowitz v. City of New York, 77 AD2d 642 , supra; Brazinski v. City of Cohoes, 17 AD2d 675, 676 , liability will not be imposed where the firefighter's conduct involves t......
-
Kenavan v. City of New York
...205-a is limited to property owners and the maintenance of premises in a safe condition for firefighters (see, Citowitz v. City of New York, 77 A.D.2d 642, 430 N.Y.S.2d 135; Gerhart v. City of New York, 56 A.D.2d 790, 393 N.Y.S.2d 6, lv. denied 42 N.Y.2d 810, 399 N.Y.S.2d 1025, 369 N.E.2d 7......
-
Brown v. Ellis
...in connection with fire-fighting operations. This holding was later followed by the Second Department in Citowitz v. City of New York, 77 A.D.2d 642, 430 N.Y.S.2d 135 (2d Dept.1980). Thereafter the Court of Appeals, citing Gerhart and Citowitz confirmed the restriction of the scope of GML 2......
-
Furch v. General Elec. Co.
...to persons who are neither owners nor in control of the property involved in the firefighting operation (Citowitz v. City of New York, 77 A.D.2d 642, 430 N.Y.S.2d 135; Gerhart v. City of New York, 56 A.D.2d 790, 393 N.Y.S.2d 6, lv. denied 42 N.Y.2d 810, 399 N.Y.S.2d 1025, 369 N.E.2d 774), a......