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LUDWIG v. WELSBACH ELECTRIC CORP.

305 A.D.2d 124 (2003)

757 N.Y.S.2d 747

CLAIRE LUDWIG, Respondent, v. WELSBACH ELECTRIC CORP., Appellant. CLAIRE LUDWIG, Respondent, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 1, 2003.

Appellant can be held liable to plaintiff upon a showing that its "affirmative act of negligence," as opposed to "mere failure to properly maintain," created "a dangerous condition" (Brown v Welsbach Corp., 301 N.Y. 202, 205 [1950]), i.e., that its negligent repair or maintenance of the traffic light had "`advanced to such a point as to have launched a force or instrument of harm'" (Espinal...

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