Gilbert Properties, Inc., v. City of New York
| Decision Date | 03 June 1970 |
| Citation | 27 N.Y.2d 594,313 N.Y.S.2d 408 |
| Parties | , 261 N.E.2d 406 GILBERT PROPERTIES, INC., Appellant, v. CITY OF NEW YORK et al., Respondents. The CITY OF NEW YORK and Board of Education of the City of New York, Third- Party Plaintiffs-Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Third-Party Defendant-Appellant, and A. Duffy Used Brick House Wrecking Co., Inc., Third-Party Defendant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 33 A.D.2d 175, 305 N.Y.S.2d 650.
Owner of building brought action against the City of New York and the Board of Education of the City of New York to recover for damage to building as result of the collapse of a brick wall located between rear of building and school building while wrecking company was wrecking school building after title to school building had been conveyed to the New York City Housing Authority. The City of New York and the Board of Education brought a third-party action against the New York City Housing Authority and the wrecking company for the damage caused by the collapse of the wall during demolition.
The Supreme Court, Trial Term, New York County, George Postel, J., rendered judgment for the owner of the building against the City of New York and the Board of Education of the City of New York and judgment over to the City of New York and the Board of Education of the City of New York against the New York City Housing Authority and the wrecking company.
The Appellate Division, McNally, J., reversed. The Appellate Division, held that the City of New York and the Board of Education of the City of New York were not liable for damage in absence of proof of negligence on part of the City of New York or the Board of Education of the City of New York, especially where there was no allegation or proof of maintenance or control and no reservation of control. McGivern, J., dissented and filed an opinion. Eager, J., concurred in the dissenting opinion.
The property owner, whose property had been damaged, appealed to the Court of Appeals.
Order affirmed, without costs.
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