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TRAWALLY v. CITY OF NEW YORK

424, 104465/09.

137 A.D.3d 492 (2016)

27 N.Y.S.3d 505

2016 NY Slip Op 01600

ALI TRAWALLY, Respondent, v. CITY OF NEW YORK et al., Appellants-Respondents, POWER OPTECH, LLC, Respondent, and WELSBACH ELECTRICAL CORPORATION, Respondent-Appellant.

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

Decided March 8, 2016.

Welsbach's motion for summary judgment dismissing the complaint is granted, since it owed no duty in tort to plaintiff (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 138-140 [2002]), who was injured when a leaning streetlight lamppost fell on his vehicle. Welsbach contracted with the City to maintain and repair the City's traffic signals; defendant Power Optech, on the other hand, contracted with the City to maintain and repair...

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