Weber v. City of New York

Decision Date12 July 1965
Citation262 N.Y.S.2d 222,24 A.D.2d 618
PartiesKatie WEBER, Plaintiff-Respondent, v. The CITY OF NEW YORK, Defendant-Appellant-Respondent; Charles G. Keller, Doris Hamlin and Lawrence Keller; and Irving Kantor, doing business as J & K Service Station, Defendants-Appellants, and Ignatius Abruzzo, Defendant.
CourtNew York Supreme Court — Appellate Division

E. Edan Spencer, New York City, for appellants; Maley M. Cohen, New York City, of counsel.

Herbert A. McDevitt and Matthew E. McCarthy, New York City, for respondent.

Leo A Larkin, Corp. Counsel, New York City, for appellant-respondent City of N. Y.; George H. P. Dwight, New York City, of counsel.

Before BELDOCK, P. J., and UGHETTA, BRENNAN, HOPKINS and BENJAMIN JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injury sustained when the defendant Abruzzo, the owner and operator of a half ton pick-up truck, after having gasoline pumped into the gasoline tank of his vehicle in the gasoline service station located on the northwest corner of Marcy Avenue and Flushing Avenue in Brooklyn, backed up his vehicle to proceed to another facility of the station and struck the plaintiff, a pedestrian on the sidewalk; and in which the jury after trial rendered a verdict in the sum of $75,000 as against all defendants; and in which the court, to whom the issues of the cross claims had been referred, dismissed the cross claims of the owners and of the lessee of the service station against the defendant driver Abruzzo, and granted judgment to the City of New York on its cross claim against the other defendants, all the defendants (other than defendant Abruzzo) appeal as follows from a judgment of the Supreme Court, Kings County, entered July 31, 1964:

(1) The defendant City of New York appeals from so much of the judgment as adjudged that the plaintiff recover the sum of $75,000 plus costs as against it.

(2) The defendants Charles G. Keller, Doris Hamlin and Lawrence Keller, the owners of the service station (who are out of possession), and Irving Kantor, doing business as J & K Service Station, the surviving lessee and operator of the service station, appeal, as limited by their brief, from so much of the judgment as is in favor of the plaintiff against them.

Judgment, insofar as appealed from by the respective parties, reversed on the law and the facts, without costs; complaint dismissed as to all appellants, without costs; the action severed as to the defendant Ignatius Abruzzo; and, in view of the reversal of the judgment as against the City of New York, the judgment insofar as it is in favor of the City on its cross claims is vacated.

The vehicle involved in this accident was a half ton pick-up truck, about 5 1/2 or 6 feet wide. The paved sidewalk on the westerly side of Marcy Avenue was 18 feet wide from the curb to the building line. The area immediately east of and adjacent to the sidewalk was similar in construction to the sidewalk and was at least wide enough to park an automobile. The easterly outside edge of the island containing the gasoline pumps was 7 feet from the building line. Thus, the easterly edge of the island was 25 feet from the curb. The other side of the island was about 8 1/2 feet from the building line.

There was proof that the filed and approved plans for the...

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  • Di Ponzio v. Riordan
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Julio 1996
    ...43 N.Y.2d 982, 983, 404 N.Y.S.2d 553, 375 N.E.2d 734 [automobile driven by patron of car wash went out of control]; Weber v. City of New York, 24 A.D.2d 618, 262 N.Y.S.2d 222, affd 17 N.Y.2d 790, 270 N.Y.S.2d 759, 217 N.E.2d 839 [truck driver backed into plaintiff, who was walking on public......
  • Barker v. Wah Low
    • United States
    • California Court of Appeals Court of Appeals
    • 27 Agosto 1971
    ...caused the injuries. (See Mack v. McGrath (1967) 276 Minn. 419, 424--428, 150 N.W.2d 681, 684--686; Weber v. City of New York (1965) 24 A.D.2d 618, 619, 262 N.Y.S.2d 222, 224, aff'd. (1966) 17 N.Y.2d 790, 270 N.Y.S.2d 759, 217 N.E.2d 839; Flanagan v. Anania (S.Ct. Nassau Cty. 1959) 196 N.Y.......
  • Stone v. Williams
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    • New York Supreme Court — Appellate Division
    • 24 Octubre 1983
    ...734, quoting from Sheehan v. City of New York, 40 N.Y.2d 496, 503, 387 N.Y.S.2d 92, 354 N.E.2d 832; see, also, Weber v. City of New York, 24 A.D.2d 618, 262 N.Y.S.2d 222, affd. 17 N.Y.2d 790, 270 N.Y.S.2d 759, 217 N.E.2d 839; Tauraso v. Texas Co., 275 App.Div. 856, 89 N.Y.S.2d 146, aff. 300......
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