Legal Opinion

Morello v. Brookfield Construction Co.

New York Court of Appeals

Decided February 28, 1958PublishedCited by 12 opinions

1Opinion of the CourtFuld, J.

While crossing the street underneath a recently constructed overpass of the Bronx River Parkway, Philip Morello was hit by an auto driven by defendant Mario Murzi and died of the injuries he sustained. Alleging that insufficient lighting and debris left on the sidewalk beneath the overpass had contributed to the accident, the plaintiff, as administratrix of the deceased’s estate, joined as defendants, in addition to Murzi, Brookfield Construction Co., Inc., W. E. Blume, Inc., and the City of New York. She sued Murzi in negligence and the other three in both negligence and nuisance, the…

2Cases cited4 opinions

  1. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  2. O'Neill v. City of Port JervisNew York Court of Appeals · 1930
  3. McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. Khoury v. County of SaratogaNew York Court of Appeals · 1935

3Cited by12 opinions

  1. Rainbow v. Albert Elia Building Co.Appellate Division of the Supreme Court of the State of New York · 1975
  2. Haire v. BonelliAppellate Division of the Supreme Court of the State of New York · 2008
  3. National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
  4. NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
  5. Murphy v. BothAppellate Division of the Supreme Court of the State of New York · 2011

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