Thompson v. City of New York

Hancock, Jr., J.

(dissenting). I would affirm. I agree with the reasoning of the Appellate Division that "[b]y installing he streetlight in the first instance, the municipality voluntarily undertook to act on behalf of pedestrians such as plaintiff and induced their reasonable reliance on such undertaking (Kircher v City of Jamestown, [74 NY2d 251]; see also, Cuffy v City of New York, 69 NY2d 255). The issue here is thus not one of absence of street lighting, but the negligent maintenance of lighting already installed” (164 AD2d 773, 774-775). Although the City might not have had a duty to…