FOX v. MURGOLO

2019-00434. Index No. 701497/14.

191 A.D.3d 765 (2021)

141 N.Y.S.3d 489

2021 NY Slip Op 00836

Joann Fox, Appellant, v. William G. Murgolo et al., Defendants, and Welsbach Electric Corp. et al., Respondents.

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

Decided February 10, 2021.


Attorney(s) appearing for the Case

The Ashley Law Firm, PLLC ( Arnold E. DiJoseph , P.C., New York, NY, of counsel), for appellant.

London Fischer, LLP, New York, NY ( Amy M. Kramer of counsel), for respondents.

Chambers, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Welsbach Electric Corp. and the City of New York which was for summary judgment dismissing the complaint insofar as asserted against them is denied.

This action arises out of a two-vehicle collision that occurred on the evening of December 8, 2012, at an intersection in Queens where the traffic signals were not functioning. Welsbach...

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