Legal Opinion
Grazioso v. City of New York
New York Supreme Court
Decided February 25, 1958Published
1Opinion of the CourtBenjamin Breuwer, J.
This is a cross claim for indemnification in an action for wrongful death and conscious pain and suffering of an infant due to a collision at an intersection where a traffic light had failed to operate because of a burned-out bulb. The jury rendered a verdict of $20,750 against both the owner of the colliding vehicle and the City of New York. The latter, relying on both contract and common-law indemnification, claims that its liability is of a passive nature, and that the active fault lies with Welsbach, the contractor, which undertook but failed to replace the bulb.
The rather limited scope…
2Cases cited6 opinions
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Dick v. Sunbright Steam Laundry Corp.New York Court of Appeals · 1954
- Middleton v. City of New YorkNew York Court of Appeals · 1950
- Falk v. Crystal Hall, Inc.New York Supreme Court · 1951
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