Gavigan v. City of New York

*560Plaintiff sanitation worker was injured when, in the course of his duties, he sustained an electric shock after touching a lamppost. An inspection of the lamppost’s control box showed that an exposed copper wire was touching the side of the base. Petrocelli had contracted with the City for the maintenance and inspection of certain electrical equipment in the City, including the subject lamppost.

The motion court properly declined to dismiss the action as against the City. Assuming that the subject lamppost is an “encumbrance” or “attachment” to the sidewalk thereby requiring that there was…