Weiss v. Fote

Desmond, Ch. J.

(dissenting). Despite ample proof of the city’s causative negligence in providing too brief a clearance interval for the east-west traffic light at this busy and dangerous intersection, the city is adjudged to be as matter of law immune from liability for such fault. Such a holding is in direct opposition to the applicable precedents, particularly Eastman v. State of New York (303 N. Y. 691). (See, also, Van de Walker v. State of New York, 278 N. Y. 454; Nuss v. State of New York, 301 N. Y. 768, and Murphy v. De Revere, 304 N. Y. 922.) In Eastman we rejected the very defense…