Blake v. City of Albany
Opinion of the Court
Appeals from a judgment of the Supreme Court in favor of plaintiff, entered February 16, 1977 in Albany County, upon a verdict rendered at a Trial Term and from a subsequent order of said court, entered March 2, 1977 in Albany County, which denied motions for judgments for indemnification made by two of the defendants and ordered a trial de novo of the third-party action. Plaintiff commenced separate actions against defendants City of Albany and Niagara Mohawk Power Corporation to recover damages for personal injuries which she allegedly sustained when, on July 7, 1973, the right front wheel of an automobile she was operating entered a depression or hole on Trinity Place, a public street in the City of Albany, as a result of a broken or missing cover over a catch basin. Seeking judgments for indemnification and/or contribution in the event it should be held liable to plaintiff, Niagara Mohawk, subsequently brought a third-party action against defendant UTEC Constructors, Inc., which had been hired by Niagara Mohawk to install a pipe-type cable system, part of which would be under Trinity Place, Weber Construction Company, which had been subcontracted by UTEC for excavation, backfill, manhole construction and street restoration on the project, and the City of Albany. Later, plaintiff instituted an action against UTEC and Weber, and on November 22, 1976 all of the above actions except the third-party action were jointly brought on for trial. Ultimately, by jury verdict rendered December 1, 1976, it was determined that each of the four defendants was equally negligent, and plaintiff was awarded a judgment in the amount of $44,500 with the defendants adjudged jointly and severally liable therefor. Thereafter, based upon alleged contractual agreements, Niagara Mohawk moved to be indemnified and held harmless by UTEC for any liability it might have to plaintiff, and UTEC made a similar motion seeking indemnification from Weber. Both motions were denied by court order entered March 2, 1977, and the present appeals ensued. Considering initially the jury’s finding that the City of Albany was liable to plaintiff for its negligence, we find that this determination is amply supported by the evidence. Basically, the city argues that it should not be held liable because it did not have actual or constructive notice of the defect which caused the accident, i.e., the defective cover of the catch basin admittedly owned and maintained by the city. However, it is undisputed that on the date of the accident construction was ongoing on Trinity Place pursuant to a city permit, and the chief field investigator for the city’s Department of Public Works testified that, when such a permit is issued, a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.