KOHN v. CITY OF NEW YORK

1891, 150018/06

69 A.D.3d 463 (2010)

894 N.Y.S.2d 379

2010 NY Slip Op 297

BENJAMIN KOHN et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided January 14, 2010.


Plaintiffs were passengers in a taxi that collided with another taxi at the intersection of Lexington Avenue and East 23rd Street in Manhattan, at a time when the traffic signals were not functioning at that spot. Pursuant to a contract with the City, Petrocelli was required to respond within two hours of receipt of notice of an outage. The accident occurred before the time Petrocelli was required to arrive.

A municipality has a duty to maintain its streets in a reasonably...

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