Legal Opinion
De Witt Properties, Inc. v. City of New York
New York Court of Appeals
Decided May 11, 1978PublishedCited by 83 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
In an action to recover for damage to the plaintiffs’ premises as the result of a burst water main in a Manhattan street, a jury returned a verdict against the City of New York which owns the water main, and against Consolidated Edison (Con Ed) for negligently installing a gas pipe on top of the city’s water main. On this appeal by the city it is urged that there is no basis for holding the city liable because there is no evi dence of specific negligence by the city and, in this case, negligence cannot be inferred from the city’s ownership and control of the…
2Cases cited19 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Galbraith v. BuschNew York Court of Appeals · 1935
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
14 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Lancaster Silo & Block Co. v. Northern Propane Gas Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Monroe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Gordon v. HoltAppellate Division of the Supreme Court of the State of New York · 1979
- Dullard v. Berkeley Associates Co.Court of Appeals for the Second Circuit · 1979
78 more not listed; retrieve them via the Exa API.