AD2 PICKS IT UP

Mayer Jacobwitz was standing on a sidewalk when a pickup truck and a tow truck -- both owned by the City of New York -- collided at an intersection causing the pickup truck to hit Jacobwitz.

Each driver accused the other of passing a red light and both claimed they didn't know where Jacobwitz was standing when the accident occurred.

The pickup truck driver later admitted he hit Jacobwitz and an eyewitness confirmed that Jacobwitz was standing on the sidewalk when the latter was injured.

After Jacobwitz sued, the Kings County Supreme Court denied his request to find the City liable for his injuries.

Since he demonstrated that either one of the two drivers was negligent by passing the red light at the intersection, the Appellate Division, Second Department, was of the view Jacobwitz's request should have been granted -- particularly since the City couldn't show the guy wasn't on the sidewalk or shared any blame for his injuries.

Did the AD2 tow the line?

  To download a copy of the Appellate Division's decision, please use this link: Jacobwitz v. City of New York