Legal Opinion

Bruno v. City of Middletown

New York Supreme Court

Decided May 21, 1979PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John W. Sweeny, J.

On March 24, 1978, the infant plaintiff was injured when she allegedly fell into a hole located between railroad tracks at a point where they cross Chestnut Avenue in the City of Middletown. When plaintiffs brought suit against the city and the Middletown & New Jersey Railway Co. (Railroad), the defendant Railroad commenced a third-party action against the Town of Wawayanda based on an alleged 1960 maintenance and indemnification agreement.

The agreement has its foundation in a written instrument whereby the Railroad conveyed to the town an easement for…

2Cases cited2 opinions

  1. Salamy v. New York Central SystemAppellate Division of the Supreme Court of the State of New York · 1955
  2. Durr v. New York Central & Hudson River RailroadNew York Court of Appeals · 1906

3Cited by1 opinion

  1. Bruno v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1979

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