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  5. 78 N.Y.2d 682 (1991)
 

THOMPSON v. CITY OF NEW YORK

78 N.Y.2d 682 (1991)

Luisa Thompson, Respondent, v. City of New York, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Stephen J. McGrath and Leonard Koerner of counsel), for appellant.

Martin S. Rothman, Daniel J. Friedman, Alan M. Friedman and Alyne I. Diamond for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE and BELLACOSA concur with Judge SIMONS; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judge ALEXANDER concurs.

SIMONS, J.

Plaintiff was injured when struck by an automobile while crossing the Grand Concourse near its intersection with Field Place in The Bronx. It was dark at the time of the accident and a bulb in the nearest streetlight had burned out. At issue is plaintiff's right to damages from the City of New York based on the City's failure to maintain the streetlight by replacing the bulb.

Plaintiff sued...

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