URBISTONDO v. CITY OF NEW YORK

6125, 18541/07, 303670/07, 84109/09.

89 A.D.3d 598 (2011)

933 N.Y.S.2d 32

2011 NY Slip Op 8476

FELIX URBISTONDO, Appellant, v. CITY OF NEW YORK, Respondent. FELIX URBISTONDO, Appellant, v. JOSE A. PUJOLS et al., Defendants, and WELSBACH ELECTRIC CORP., Respondent. (And a Third-Party Action.)

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

Decided November 22, 2011.


Dismissal of the complaint as against the City and Welsbach was not warranted in this action where plaintiff pedestrian alleges that he was injured when, while crossing an intersection where neither the pedestrian signal nor traffic light were functioning, he was struck by a motor vehicle driven by defendant Pujols. A City employee testified that on the morning of the accident, a complaint was lodged indicating that the traffic signals at the subject intersection were not...

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