HAYDEN v. New York Paving, Inc., et al., Defendants.

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Supreme Court, Appellate Division, First Department, New York.

Robert G. HAYDEN, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant-Respondent, New York Paving, Inc., et al., Defendants.

Decided: February 21, 2006

TOM, J.P., MAZZARELLI, ANDRIAS, NARDELLI, MALONE, JJ. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about January 23, 2003, which, to the extent appealed from as limited by the briefs, granted the municipal defendant's cross motion for summary judgment dismissing the complaint and denied plaintiff's motion to compel discovery, unanimously affirmed, without costs.

 A municipality's duty to maintain existing street lights is limited to those situations where illumination is necessary to avoid dangerous or potentially hazardous conditions.   In order to prevail, a plaintiff must thus show that the municipality permitted a dangerous or potentially hazardous condition to exist and cause injury (Thompson v. City of New York, 78 N.Y.2d 682, 578 N.Y.S.2d 507, 585 N.E.2d 819 [1991];  see Michetti v. City of New York, 184 A.D.2d 263, 585 N.Y.S.2d 201 [1992] ).   Here, plaintiff failed to allege satisfactorily in the complaint that a defect or unusual condition existed at the intersection, such that lighting was necessary to keep the street safe (see Cracas v. Zisko, 204 A.D.2d 382, 612 N.Y.S.2d 55 [1994] ), nor did he submit evidence to this effect in opposition to the City's motion (cf. Graham v. City of Rochester, 184 A.D.2d 990, 584 N.Y.S.2d 236 [1992] ).   In addition, plaintiff failed to show that the representatives already deposed had insufficient knowledge or were otherwise inadequate, or that further discovery was warranted by reason of a substantial likelihood that additional persons sought for deposition possessed information material and necessary to oppose the motion (Uvaydova v. New York Tel. Co., 226 A.D.2d 626, 641 N.Y.S.2d 565 [1996];  see Colicchio v. City of New York, 181 A.D.2d 528, 581 N.Y.S.2d 36 [1992] ).