In Crawford v. City of New York, 53 AD3d 462, 863 N.Y.S.2d 11 [1st Dept, 2008], a light pole on a city street corner fell and struck the plaintiff. The plaintiff sued the City of New York and Petrocelli, a company hired by the City to maintain city light poles. Petrocelli was under a duty to repair and maintain only those light poles that the City noted needed repairing, and the light pole that fell on Plaintiff had not been so noted. Based on this, the court held that Petrocelli had no duty to repair the light pole and was not negligent so that res ipsa did not apply.