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CLAIRE LUDWIG, Plaintiff-Respondent, v. WELSBACH ELECTRIC CORP., ETC., Defendant-Appellant. CLAIRE LUDWIG, Plaintiff-Respondent,

Appellant can be held liable to plaintiff upon a showing that its "affirmative act of negligence," as opposed to "mere failure to properly maintain," created "a dangerous condition" ( Brown v. Welsbach Corp., 301 N.Y. 202, 205), i.e., that its negligent repair or maintenance of the traffic light had "`advanced to such a point as to have launched a force or instrument of harm'" ( Espinal v. Melville Snow Contrs., 98 N.Y.2d 136, 139, 140). Plaintiff and the City should be given an opportunity to explore that issue given appellant's exclusive knowledge of the nature, extent and time of the repair and maintenance work it performed on the subject traffic light (CPLR 3212[f]). We have considered appellant's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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LUDWIG v. WELSBACH ELEC. CORP
(May 1, 2003)