Practice point: The installation of a traffic control signal, where it had not previously existed, is a discretionary governmental function that does not give rise to state liability. However, liability is imposed where there is a failure properly to maintain an already established traffic ligh, and where that failure was a proximate cause of the accident.
Student note: The state has a non-delegable duty to maintain the roadway in safe
condition.
Case: Chang v. City of New York, NY Slip Op 05728 (1st Dep't August 4, 2016)
Here is the decision.
Tomorrow's issue: A post-appeal motion for leave to renew.
