De Witt Properties, Inc., Respondents v. City of New York, Appellant, and Consolidated Edison Co. of New…

Summary

The New York Court of Appeals reversed the judgment against the City of New York, dismissing the city's liability for damage caused by a burst water main and rejecting the city's claim to indemnity from Consolidated Edison. The court held that res ipsa loquitur does not apply where a third party had access and that the city had no duty to inspect the utility's installation absent notice of danger.