Marguess v. City of New York

• Decision Date: 07 January 1971
• Citation: Marguess v. City of New York, 319 N.Y.S.2d 71, 28 N.Y.2d 527 (N.Y. 1971)
• Parties: , 267 N.E.2d 884 Maurice MARGUESS, Appellant, v. CITY OF NEW YORK, Respondent. CITY OF NEW YORK, Third-Party Plaintiff, v. SURFACE TRANSIT, INC., Third-Party Defendant-Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 71

319 N.Y.S.2d 71

28 N.Y.2d 527, 267 N.E.2d 884

Maurice MARGUESS, Appellant, v. CITY OF NEW YORK, Respondent.

CITY OF NEW YORK, Third-Party Plaintiff, v. SURFACE TRANSIT, INC., Third-Party Defendant-Respondent.

Court of Appeals of New York.

Jan. 7, 1971.

Appeal from Supreme Court, Appellate Division, First Department, 30 A.D.2d 782, 291 N.Y.S.2d 956 J. Lee Rankin, New York City (Stanley Buchsbaum, Irving Genn, New York City, of counsel), for respondent.

John F. Lang, New York City ( William H. Frappollo, New York City, of counsel), for third-party defendant-respondent, Surface Transit, Inc. Pedestrian brought action against the City of New York, on ground that rail of trolley car tracks was raised above street and that such fact, together with hole in street, caused pedestrian to fall and injure himself. The City of New York filed a third-party complaint against the transit company.

The Supreme Court, Bronx County, Bloustein, J., rendered a judgment dismissing the complaint of the pedestrian and the third-party complaint, and the pedestrian appealed.

The Appellate Division affirmed the judgment and held that pedestrian failed to establish any actionable negligence on the part of the City of New York. Eager,...