Wright v City of New York

Holding The Appellate Division affirmed the dismissal of the third-party complaint against the City of New York because the property owners failed to raise a triable issue of fact regarding the City’s affirmative acts of negligence. The court determined that the City’s failure to respond to service requests for a fire hydrant constituted nonfeasance, not an affirmative act of negligence, and thus did not shift liability from the property owners.

The court’s words

Administrative Code § 7-210 does not shift tort liability for injuries proximately caused by the City's affirmative acts of negligence

2026 NY Slip Op 05352, at the official text

the USA defendants failed to raise a triable issue of fact as to whether the plaintiff's injury was proximately caused by the City's affirmative acts of negligence

2026 NY Slip Op 05352, at the official text

any failure on the part of the City to respond to '311' requests to service the fire hydrant would constitute nonfeasance, not an affirmative act of negligence

2026 NY Slip Op 05352, at the official text