Legal Opinion
Lombardozzi v. City of New York
Appellate Terms of the Supreme Court of New York
Decided May 24, 1972PublishedCited by 3 opinions
1Per curiam
The accident resulted from a sidewalk defect which was created by a depressed water shut-off, which controlled the service from the City of New York water main to the abutting property owned by the codefendant, the Crocker estate.
A city is responsible in an action based on the negligent condition of the sidewalk; and if the condition is a special use of an abutting owner or the result of such .special use, the city may recover over against the abutting owner (Nickelsburg v. City of New York, 263 App. Div. 625; Schrold v. City of New York, 273 App. Div. 872, affd. 298 N. Y. 738; Olivia v.…
2Cases cited8 opinions
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Nickelsburg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Olivia v. GouzeAppellate Division of the Supreme Court of the State of New York · 1955
- Lobello v. City of New YorkNew York Court of Appeals · 1945
- Lobello v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
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3Cited by3 opinions
- Locke v. GELLHAUSSouth Dakota Supreme Court · 2010
- Beplat v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- D'Ambrosio v. City of New YorkAppellate Terms of the Supreme Court of New York · 1979