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You would think the City would accept responsibility for a broken traffic light, particularly when innocent people are injured or incur damage. Right?....Not!
While driving through the Bensonhurst area of Brooklyn, Yehiel Minemar approached a broken traffic light at the intersection of 81st Street and 20th Avenue. The vehicles in front of Minemar each waited approximately 30 to 60 seconds before proceeding across the intersection, as did Mr. Minemar. Halfway thru the intersection, Minemar's car was struck by a motor vehicle operated by Yuliya Khramova.
In a personal injury action later commenced by Minemar against Khramova and the City of New York, a motion was made to dismiss the case as against the municipality. Although that request was denied by the Kings County Supreme Court, the Appellate Division, Second Department, reversed finding that "any negligence on the part of the City in maintaining the traffic light was not the proximate cause of the accident." In fact, the appellate court appeared to be chiding Minemar for not exercising sufficient caution when he proceeded through the intersection "fully aware of the mulfunctioning traffic light."
So, drivers beware! The onus is on YOU--whether or not the City can manage to get its traffic lights to work.
For a copy of the Appellate Division's decision in Minemar v. Khramova, please click on the following link: