McTigue v. Levy

The plaintiff was injured by falling upon a defective sidewalk. She brought suit against the City of New York and recovered a judgment which was paid and a satisfaction delivered and filed. Thereafter she commenced this action in the City Court of the City of New York, Kings County, against the owner of the abutting property, based upon the theory that it was the owner’s negligence in repairing the sidewalk that created the dangerous condition. The defendant answered and set up as a separate defense the suit against the city for the same injuries, the recovery of the judgment and the…