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RAY v. HERTZ CORPORATION

271 A.D.2d 374 (2000)

707 N.Y.S.2d 161

BRENDA M. RAY, Plaintiff, v. HERTZ CORPORATION et al., Defendants, CITY OF NEW YORK, Respondent, and L.K. COMSTOCK & COMPANY, INC., Appellant. (And Another Action.) (Action Nos. 1 and 2.) BEVERLY W. GRAHAM et al., Respondents, v. CITY OF NEW YORK, Respondent, and L.K. COMSTOCK & COMPANY, INC., Appellant, et al., Defendants. (And Another Action.) (Action Nos. 3 and 4.) EAGLE INSURANCE CO., Plaintiff, v. HERTZ CORPORATION et al., Defendants. HERTZ CORPORATION, Third-Party Plaintiff, v. CITY OF NEW YORK, Third-Party Defendant-Respondent, and L.K. COMSTOCK & COMPANY, INC., Third-Party Defendant-Appellant. (Action No. 5.)

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

Decided April 27, 2000.

The motor vehicle accident giving rise to this litigation allegedly resulted, in part, from a malfunction of the traffic light at the intersection of Edgecomb Avenue and West 141st Street in Manhattan. At the time of the accident, which occurred on August 15, 1993, a contract was in effect between the City and Comstock under which Comstock had the responsibility of maintaining and repairing traffic lights in Manhattan. Among other things, the contract required Comstock to...

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