Gloria Brown v. Welsbach Corporation, Sued as Welsbach St. Lighting Co. of America

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the trial court judgment for the plaintiff, holding that a contractor can be liable for a dangerous condition it created on a public highway even after the work was accepted by the city and after the contract expired. The Court emphasized the distinction between an affirmative negligent act and a mere failure to maintain.