RYE, NY (April 21, 2026) — The City of Rye has filed a motion to dismiss a personal injury lawsuit brought by Jeanine Pirro, the U.S. Attorney for the District of Columbia, former Fox News host and longtime Rye resident, arguing it bears no legal responsibility for the trip-and-fall accident that gave rise to her claims, according to court filings in Westchester County Supreme Court.
Pirro is represented in the case by Albert J. Pirro Jr., her former husband.
The city’s motion, filed April 3, 2026, by Assistant Corporation Counsel Kevin E. Schultz, seeks to dismiss both Pirro’s amended complaint and a cross-claim filed against the city by Co-defendant Consolidated Edison Company of New York. The city argues that Consolidated Edison — not the city — is solely responsible for the conditions that caused Pirro’s injuries.
Central to the city’s defense is New York’s prior written notice law. Under Article 23 of the City of Rye Charter, a civil action for damages arising from a dangerous condition cannot be maintained against the city unless it first received written notice of the defect. City Engineer Ryan X. Coyne affirmed under penalty of perjury that no such notice was ever received.
“The City did not receive prior written notice of the alleged defects set forth in Plaintiff’s Amended Complaint,” Coyne stated in his affirmation, sworn April 2, 2026.
The city further argues that Pirro cannot establish either of the two recognized exceptions to the prior written notice rule — that the city created the hazard through an affirmative act of negligence, or that the project constituted a “special use” conferring an exclusive benefit on the city.
Coyne affirmed that the city performed no work at the location, did not inspect the site at any point during the relevant period, had no role in the placement of the steel plate or wooden block at issue, and received no notice of any allegedly hazardous condition.
The city also argues that Con Edison’s cross-claim seeking indemnification from the city must be dismissed because Rye City Code expressly requires Con Edison, as permittee, to indemnify and hold the city harmless — not the other way around.
The motion was originally returnable April 21, 2026. All parties stipulated to adjourn it to May 12, 2026, with Pirro’s opposition due May 5, 2026. The case is assigned to Judge David J. Squirrell.
Background
The motion arises from an incident on Aug. 28, 2025, when Pirro alleges she was walking on Boston Post Road at or near the intersection of Purchase Street and Cross Street — directly across from 1051 Boston Post Road, the address of Rye City Hall — at approximately 1:45 p.m., when she tripped and fell over what court documents describe as “a large wooden block embedded in and protruding from under a steel plate” covering an excavation in the roadway, resulting in serious personal injuries.
The wooden block, known as a “chock,” had been placed by Con Edison workers to secure a steel road plate covering a trench the utility created as part of a gas main renovation project conducted under DPW Permit #3919, which ran from May through November 2025. The project was still underway at the time of Pirro’s fall.
Pirro filed a notice of claim Oct. 31, 2025, followed by an amended notice of claim Nov. 6, 2025. A 50-h hearing was conducted Dec. 17, 2025. She filed her original complaint Jan. 8, 2026.
The city filed a first motion to dismiss Feb. 2, 2026. Pirro filed an amended complaint Feb. 11, 2026, prompting the city to withdraw its first motion and file the current one.
This article was prepared with the assistance of AI tools under the direction and editing of Robert Cox.
Have information about this story? Email robertcox@talkofthesound (preferred) or contact via WhatsApp: +353 089 972 0669.
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