Kraye v. Long Island Lighting Co.
| Decision Date | 15 October 1973 |
| Citation | 348 N.Y.S.2d 16,42 A.D.2d 972 |
| Parties | Frances KRAYE, as administratrix, etc., Respondent, v. LONG ISLAND LIGHTING COMPANY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before HOPKINS, Acting P.J., and MARTUSCELLO, GULOTTA, CHRIST and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for wrongful death and conscious pain and suffering, defendant appeals from an order of the Supreme Court, Nassau County, dated November 10, 1972, which granted plaintiff's motion to restore the action to the trial calendar and denied defendant's cross motion for summary judgment.
Order reversed, on the law, without costs; plaintiff's motion denied; and defendant's cross motion granted.
Plaintiff's intestate was a passenger in an automobile which crashed into an iron girder that had a directional sign on it. Plaintiff contends that the accident was caused solely by the failure of defendant, a public utility, to illuminate the area, in that it had not replaced burned-out bulbs, in violation of the contract between defendant and the public authorities.
In our opinion, there is no liability on the part of defendant to plaintiff (Shubitz v. Consolidated Edison Co. of N.Y., 59 Misc.2d 732, 301 N.Y.S.2d 926; Nicholson v. City of New York, 271 App.Div. 899, 67 N.Y.S.2d 156, affd. 297 N.Y. 548, 74 N.E.2d 477).
To continue reading
Request your trial
-
Strauss v. Belle Realty Co.
...(see also, Nicholson v. City of New York, 271 App.Div. 899, 67 N.Y.S.2d 156, affd. 297 N.Y. 548, 74 N.E.2d 477; Kraye v. Long Is. Light. Co., 42 A.D.2d 972, 348 N.Y.S.2d 16; Shubitz v. Consolidated Edison Co., 59 Misc.2d 732, 301 N.Y.S.2d Moch involved ordinary negligence, while Con Edison ......
-
Strauss v. Belle Realty Co.
......899, 67 N.Y.S.2d 156, affd., 297 N.Y. 548, 74 N.E.2d 477; Kraye v. Long Is. Light. Co., 42 A.D.2d 972, 348 N.Y.S.2d 16; Shubitz v. ...Long Island R.R. Co., 248 N.Y. 339, 344, 162 N.E. 99). This, however, does not ... here between Con Ed and Belle Realty with respect to the stairway lighting, a complete failure of performance of the obligations entailed by a ......
-
Kornblut v. Chevron Oil Co.
...or the public, e. g., water supply (Moch Co. v. Rensselaer Water Co., supra ) and illumination of public roads (Kraye v. Long Is. Light. Co., 42 A.D.2d 972, 348 N.Y.S.2d 16). 1 See, e. g., Little v. Banks, 85 N.Y. 258, 263: "Contractors with the State, who assume, for a consideration receiv......
-
Perez v. New York City Housing Authority
...N.Y. 160, 159 N.E. 896 (1928); Beck v. FMC Corp., 53 App.Div.2d 118, 385 N.Y.S.2d 956 (4th Dept. 1976); Kraye v. Long Is. Lighting Co., 42 App.Div.2d 972, 348 N.Y.S.2d 16 (2d Dept. 1973); Nicholson v. City of N.Y., 271 App.Div. 899, 67 N.Y.S.2d 156 (2d Dept. 1946); Shubitz v. Con Edison Co.......