Defective Traffic Light Claimed to Cause Car Accident; Nassau County Kept in Case

Case: Frenchman v. Lynch

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/11/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queen injury lawyer)

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Facts: Plaintiff claims to be injured in an automobile accident caused by a broken or defective traffic light. He sued Nassau County and the company, Welsbach Electric, that had the contract to maintain the traffic light.

This case revolves around procedural back-and-forth based on legal technicalities.

Nassau County and Welsbach both made motions to the Court requesting summary judgment dismissing plaintiff's negligence case. The lower Court, the Court from which this appeal is taken, granted both defendants= motions, dismissing this case.

Plaintiff then made a motion for, essentially, a "do over."

The lower Court granted the do over, and denied both motions.

Held: On narrow technical grounds, this appeals court ruled that the plaintiff was entitled to a "do over" (called "reargument") but Nassau County's motion should have been denied, because it didn't submit sufficient evidence to show that it didn't have notice of the defective traffic light. Welsbach Electric made out its case, and it is granted summary judgment and plaintiff's case against Welsbach Electric, but not Nassau County, is dismissed.

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