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POWELL v. CITY OF NEW YORK

250 A.D.2d 409 (1998)

673 N.Y.S.2d 86

Pauline Powell, as Administratrix of The Estate of Carmen Taffe, Deceased, et al., Respondents, v. City of New York, Respondent-Appellant, L.K. Comstock & Co., Appellant-Respondent, and Island Transportation Corp., Respondent, et al., Defendant. (And Other Consolidated Actions.) Kay Gonzalez et al., Respondents, v. City of New York, Respondent-Appellant, and L.K. Comstock & Co., Inc., Appellant-Respondent, et al., Defendant. (And Other Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 12, 1998

The contract between the contractor and the City, which requires the former to exercise "extreme diligence" in repairing traffic lights only after being notified by the City that a traffic light is in need of repair, and which states that it is not to be "deemed to create any new right of action in favor of third parties against the Contractor", does not evince an intention that the City's nondelegable duty to maintain its highways...

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