Alexander v. City of New York — 43 N.Y.2d 659

Majority

p. 659

Earnestine Alexander, Individually and as Administratrix of the Estate of Joseph Alexander, Deceased, Plaintiff, v City of New York, Appellant, and Kinney’s National Service, Inc., Respondent. (Action No. 1.) Rufus Simmons, Individually and as Administrator of the Estate of Mildred Simmons, Deceased, Plaintiff, v Kinney National Service, Inc., et al., Respondents, and City of New York, Appellant. (Action No. 2.)

Argued October 3, 1977;

decided November 10, 1977

p. 660

APPEARANCES OF COUNSEL

W. Bernard Richland, Corporation Counsel (Bernard Abel and L. Kevin Sheridan of counsel), for appellant.

William F. McNulty, Daniel J. Coughlin and Anthony J. McNulty for respondents.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 53 AD2d 846 ).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.