CRAWFORD v. CITY OF NEW YORK

3672.

2008 NY Slip Op 06431

JOAN CRAWFORD, ET AL., Plaintiffs-Respondents, v. CITY OF NEW YORK, Defendant, PETROCELLI ELECTRIC CO., INC., Defendant-Appellant.

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

Decided July 29, 2008.


Attorney(s) appearing for the Case

Fiedelman & McGaw, Jericho (Ross P. Masler of counsel), for appellant.

The Breakstone Law Firm, P.C., Bellmore (Jay L.T. Breakstone of counsel), for respondents.

Before: Mazzarelli, J.P., Friedman, Buckley, Sweeny, Renwick, JJ.


The complaint alleges that on March 31, 2003, at approximately 12:30 p.m., plaintiff Crawford was standing on the corner of East Broadway and Catherine Street in Manhattan when, without warning, a traffic signal pole fell over and struck her on the head. The complaint further alleges that Petrocelli breached its contract with the City by failing to properly maintain the pole, and that plaintiffs will rely on the doctrine of res ipsa loquitur to establish Petrocelli's negligence...

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