City of New York v. Tirone

Plaintiff, City of New York, moves for a preliminary injunction in its action in which it seeks a judgment apportioning the liability as between the defendant individually (hereinafter referred to as “ husband ”) and itself arising out of a prior personal injury action brought by husband personally and in a representative capacity as executor of his wife’s estate against the City of New York and the driver of its fire truck.

In the action the deceased wife was a passenger in an automobile driven by her husband which was in a collision with a fire truck owned by the City of New York. The jury…