D'Onofrio v. City of New York

This is a motion to dismiss a cross complaint and appears to be a problem of first impression. While a passenger in a car owned and operated by plaintiff husband, plaintiff wife was allegedly injured when the car was driven into an unguarded obstruction or excavation, created upon a public highway during the construction of a gasoline station. The wife seeks to recover for personal injuries, and the husband is joined as a party plaintiff in a derivative action for loss of services and medical expenses. Other than the City of New York, the defendants are either owner or lessees of the premises…