Stacy J. Stiuso, Appellant v. City of New York, Respondent, Defendants

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal of the plaintiff’s negligence claim against the City of New York and remanded for further proceedings. The Court held that the municipality may owe a duty to maintain a paved shoulder adjacent to a roadway, and that the Appellate Division erred in relying on Tomassi to conclude no duty existed.