July 28, 2010
James Walsh and Amy Kramer recently obtained summary judgment in favor of Welsbach Electric Corp. (“Welsbach”) in Bronx County. Plaintiff’s suit alleged that Welsbach was negligent in its operation/maintenance of a pedestrian signal.
The case concerned the City of New York’s non-delegable duty to maintain the traffic signals as well as the responsibility of the City’s maintenance contractor, Welsbach. London Fischer successfully demonstrated that, even though the pedestrian signals were not operating properly, there was no reliance by the Plaintiff. Without reliance, the court held summary judgment was appropriate, finding that there was no proximate cause.