In Kaplan v. City of New York (10 A.D.2d 319, 200 N.Y.S.2d 261 [1st Dept 1960][Stevens, J.]), a taxicab drove off a city street and struck a pillar supporting an elevated transit railroad overpass. There was no evidence that the city was in any way culpable in the taxicab leaving the street. The Court stated that the city "owed the duty of so constructing and maintaining the pillar that it would be in a reasonably safe condition for use by the prudent driver traveling at a reasonable rate of speed even in an emergency" ( id. at 321-322). Such duty would be breached if the proof showed the pillar "constituted an unreasonable and dangerous obstruction" ( id. at 325).