Speed bumps along Ampere Avenue, painted with the required markings. Image Credit: Google Maps

Motorcyclist was injured by an unmarked speed bump; City claimed indemnification from street contractor. Antonio Pedoto was injured when his motorcycle hit an unmarked speedbump on Ampere Avenue, between Middletown Road and Bayshore Avenue in the Bronx. Pedoto sued the City of New York. The City in turn sought indemnification from Denville Line Painting.

The City had contracted with Denville Line Painting to install thermoplastic markings on the speed bumps on Ampere Avenue. The work order stated that the priority level of the job was “2-ASAP.”  Denville Line Painting did not install the markings on the speed bump on Ampere Avenue until June 27, 2011, nine days after Pedoto’s accident.

The City sought contractual indemnification from Denville Line Painting. The City of New York alleged that Denville Line Painting did not install the markings on the speed bump within 24 hours, thus Denville Line Painting did not comply with its contract. The trial court dismissed the City claim against Denville. The City appealed.

The Appellate Division, First Department ruled that the contract did not require Denville Line Painting to install the markings on the speed bump within 24 hours, and affirmed the dismissal of the City’s claim. The contract required only that the markings on the speed bump be installed as soon as possible. The City as a result lacked a sufficient basis for indemnification based on the contract.

Pedoto v. City of New York, 187 A.D.3d 666 (1st Dep’t 2020).

By: Gabrielle Hain (Gabrielle is a New York Law School graduate, Class of 2021.)