Rizzo v. Murray — 282 N.Y. 670

Majority

p. 670

Benedetta Rizzo, as Administratrix of the Estate of Leonardo Rizzo, Deceased, Appellant and Respondent, v. Thomas E. Murray, Jr., as Receiver of Interborough Rapid Transit Company, Appellant; Triborough Bridge Authority, Respondent and Appellant, and Woodcrest Construction Company, Inc., Respondent.

Argued November 29, 1939;

reargued January 25, 1940;

decided March 5, 1940.

p. 672

Louis S. Carpenter, J. Tufton Mason, Smith L. Multer and James L. Quackenbush for Thomas E. Murray, Jr., as receiver, appellant.

Sidney J. Feltenstein and Moses Feltenstein for plaintiff, appellant and respondent.

William C. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Paxton Blair of counsel), for Triborough Bridge Authority, defendant, respondent and appellant.

Franklin Nevius and Emil V. Pilz for Woodcrest Construction Co., defendant, respondent.

Judgment affirmed, with costs, in favor of respondents; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Conway, JJ. Sears, J., dissents on the ground there is no evidence to sustain a finding of negligence.