GAVIGAN v. CITY OF NEW YORK

8169, 109761/06.

99 A.D.3d 559 (2012)

952 N.Y.S.2d 182

2012 NY Slip Op 6881

IAN GAVIGAN, Respondent-Appellant, v. CITY OF NEW YORK, Appellant-Respondent, and PETROCELLI ELECTRIC COMPANY, INC., Respondent, et al., Defendant.

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

October 16, 2012.


Plaintiff sanitation worker was injured when, in the course of his duties, he sustained an electric shock after touching a lamppost. An inspection of the lamppost's control box showed that an exposed copper wire was touching the side of the base. Petrocelli had contracted with the City for the maintenance and inspection of certain electrical equipment in the City, including the subject lamppost.

The motion court properly declined to dismiss the action as against the...

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