Gagnon v. City of Saratoga Springs

Because I am of the view that there are questions of fact concerning plaintiffs’ cause of action premised on the lack of adequate lighting in the vicinity where plaintiff Joyce Gagnon (hereinafter plaintiff) fell, I would deny defendant’s motion for summary judgment. It is well settled that, as a landowner, defendant has a duty to illuminate those areas where it is necessary to avoid dangerous and potentially hazardous conditions (see Thompson v City of New York, 78 NY2d 682, 684 [1991]). In the case at hand, there were approximately 60 overhead light fixtures located throughout the downtown…